B.P. Katakey, J.

1. Sri Alok Kanti Paul Choudhury, respondent No. 1 herein, filed W.P.(C) No. 856 of 2006 challenging the notification dated 7.2.2006 issued by the Commissioner & Secretary to the Govt. of Assam, Education (Higher & Technical) Department 'transferring him from Guwhati to Bongaigaon as Principal of Bongaigaon Polytechnic vice the appellant Sri Kalyan Kumar Sarkar, who was transferred from Bongaigaon to Guwahati as Principal in Assam Textile Institute in place of the respondent No. 1-writ petitioner. Such transfer order was basically challenged on two grounds, namely, mala fide exercise of power and violation of the transfer policy formulated by the Government of Assam. The learned Single Judge vide order dated 10.3.2006 set aside the said transfer order dated 7.2.2006 on the ground that the same was passed in violation of the transfer policy by not recording the reason for transfer and without prior approval of the hon'ble Chief Minister and as desired by the Minister of Social Welfare, Assam, who is totally unconnected with the department of Education. Hence, the present appeal by the appellant who was respondent No. 4 in the said writ petition.

2. We have hea