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2010 Supreme(Gau) 692

H.BARUAH
K. Solo – Appellant
Versus
State of Nagaland – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. A. Zho
For Respondents/Defendant: Mr. L.S. Jamir & Mr. Joshua

JUDGMENT

H. Baruah, J.

1. In this writ petition under Article 226 of the Constitution of India the writ petitioner has challenged his transfer as Principal, Para Medical Training Institute, Kohima vice Dr. J. Chase transferred by notification dated 03.09.2009. It would be appropriate to state that the writ petitioner herein before issue of the notification was holding the post of Chief Medical Officer, Dimapur. It would also be appropriate to say that by this impugned notification dated 03.09.2009 altogether 16 numbers of doctors were transferred and posted against the post shown against their name including the petitioner.

2. In the case of Mohd. Masood Ahmad Vs. State of U. P. & Ors.; reported in (2007) 8 SCC 150 following the principles laid down by the Apex Court in the case between B. Varadha Rao Vs. State of Karnataka: (1986) 4 SCC 131: AIR 1986 SC 1955; Shilpi Base Vs. State of Bihar, 1991 Supp (2) SCC 659: AIR 1991 SC 532; Union of India Vs. N.P. Thomas. 1993 Supp (1) SCC 704, AIR 1993 SC 1605; Union of India Vs. S.L.Abbas, (1993)4 SCC 357; AIR 1993 SC 2444, in paragraph - 4, the Apex Court held that transfer is an exigency of service and is an administrative decision and, the




























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