B.K. Sharma, J.

1. The Petitioner who is an M.E. School teacher has assailed the legality and validity of an order dated 14.10.2003 by which he has been transferred to another School.

2. The Petitioner while was serving as Graduate Science Teacher in Jumurmur Milan Bidyapith M.E. School under Nagaon Sub Division was transferred and posted to Bamuni M.E. School by an order dated 14.2.2003. Pursuant to the said order of transfer, the Petitioner joined Bamuni M.E. School and has been continuing there. According to the Petitioner he has been selected for appointment as Headmaster and his position in the select list is at serial No. 137 as against the position of the Respondent No. 4 at serial No. 169. It is the case of the Petitioner that the Respondent No. 4 having regard to his lower merit position in the select list than that of the Petitioner, has been trying hard to see the ouster of the Petitioner from the school paving the way for him to become the Headmaster of the School and with that purpose he has mastered the impugned order of transfer of the Petitioner with the political influence he has through his sister-in-law.

3. By the impugned order dated 14.10.2003, the Petitio