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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Robin Phukan
Shahinur Alom Sarkar – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Government of Assam, Education (Secondary) Department – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. D. Das, learned Senior Counsel, assisted by Mr. P.K. Munir, learned counsel for the petitioner. Also heard Ms. P. Das, learned counsel for the respondent Nos.1, 2 and 3. And also heard Ms. D.D. Barman, learned Addl. Senior Government Advocate for the respondent No.4 and Ms. I. Hussain, learned counsel for the respondent No.5,
2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Shahinur Alom Sarkar, has challenged the order dated 27.01.2025, issued under Memo No. IS/SSM/Transferred-Posting/04 /2023/409, issued by the Inspector of Schools, South Salmara Mankachar. Notably, vide impugned order dated 27.01.2025, the Inspector of Schools, South Salmara Mankachar, has transferred the petitioner from S. Ali Higher Secondary School, where he has been serving as Graduate Teacher (Science) to Kanaimara High School.
3. The impugned order is being challenged by the petitioner basically on the ground of being passed in absence of public interest and being punitive, arbitrary, unfair, illegal and violative of Article 14, 16 and 21 of the Constitution of India.
4. The respondent No. 3 has filed affidavit-in-opposition denyi
Transfer orders are administrative actions that should not be interfered with unless shown to be mala fide or in violation of statutory provisions, with public interest being a valid justification.
Transfer orders in public service must be made based on administrative necessity and public interest, and cannot be influenced by political pressure or arbitrary decisions.
A transfer order made in public interest must be supported with sufficient reasons, and the absence of reasons makes the order arbitrary and illegal.
Judicial review of transfer orders is limited; transfers are valid unless proven to be made in mala fides or in violation of statutory provisions.
Transfers should be made based on genuine public interest and administrative exigencies, and not on extraneous considerations or recommendations of elected representatives.
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
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