JUDGMENT :

A.D. Choudhury, J.

1. Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. N. Gautam, learned counsel for the appellant/writ petitioner. Also heard Mr. B.D. Goswami, learned Additional Advocate General, Arunachal Pradesh representing the respondent Nos. 1 to 4 and Mr. H.K. Das, learned counsel for the respondent No. 5.

2. The present intra court appeal is directed against the judgment and order dated 11.07.2023 passed in WP(C) No. 199(AP)/2023 by the learned Single Judge, which was preferred by the appellant/ writ petitioner assailing the Transfer Modification Order No. 03/2023 dated 20.04.2023 issued by the Under Secretary (Education), Govt. of Arunachal Pradesh, Itanagar.

3. The case of the appellant writ petitioner:-

I. The appellant/writ petitioner was serving as Principal, Government Higher Secondary School, Kanubari, Longding District. By an order dated 15.11.2022 (Annexure-3) came to be issued by the Education Department, Government of Arunachal Pradesh, as many as 11 (eleven) principals of Government Higher Secondary Schools and Deputy Director of School Education (DDSE) were transferred to different places, including the appellant/writ petitioner. The appellant was transferred and posted as Deputy Director of School Inspector at Leparada District with a condition that he will join the transferred post in the last part of April, 2023. Such condition was incorporated for the reason that the incumbent holding the post of DDSE, Leparada district would be superannuated in the last part of April, 2023.

II. By the very same order dated 15.11.2022, the respondent No. 5 in the writ petition, namely, Shri Pubi Lombi who was holding the post of DDSE, Seppa, East Kameng District was transferred as Principal, Dani Kunia GHSS, Ziro.

III. No condition/joining time was given in case of respondent No. 5 and accordingly, the respondent No. 5 joined at his transferred place of posting at Ziro.

IV. Thereafter, by an order dated 19.04.2023, the Deputy Commissioner, Longding District, Longding, released the writ appellant from GHSS, Kanu Bari in terms of the order dated 15.11.2022 to enable him to join at his transferred place of posting and accordingly, the appellant submitted his joining report dated 20.04.2023 before the Deputy Commissioner, Leparada District, Basar.

V. Thereafter, the order dated 15.11.2022 was partially modified by the impugned order No. 03/2023 dated 20.04.2023, whereby the appellant was retained as Principal at GHSS, Kanubari, Longding District and respondent No. 5 was transferred from DKGHSS, Ziro to, Leparada District, Basar as DDSE. Such order was challenged before the learned Single Judge.

VI. Such order was primarily challenged on the ground that the impugned order was issued only on the basis of U.O. Note issued by the local MLA of 29 Basar, LAC, and there is neither any public interest in issuing such transfer order nor there is any exigency of service. The further contention was that the appellant has been discriminated and the order of transfer impugned in the writ petition is a result of arbitrary and colorable of exercise of power.

4. The stand of the respondent Department:-

The State Education Department, while referring to the U.O. Note, took a stand that the U.O. Note itself reflects that there was public interest in issuing the impugned order by modifying the earlier order dated 15.11.2022. The State in support of its decision relied on the Judgment of the Hon’ble Apex Court in Mohd. Masood Ahmed Vs. State of U.P. reported 2007 (8) SCC 150.

5. The stand of the respondent No. 5:-

The Respondent No. 5 took a stand that he had served four months at Dani Kunia GHSS, Ziro, pursuant to the order dated 15.11.2022 and thereafter only he has been posted as DDSE, Leparada District in the exigencies of services and in public interest and therefore, such decision made in exigencies of services cannot be subjected to judicial review in exercise of power under Article 226 of the Constitution of India.

6. Th