The power to transfer should be exercised reasonably and fairly, in the best interests of the administration, without arbitrariness, and based on valid and relevant principles applicable to all similarly situated individuals.

Chandrasekhara Menon, J.

1. The petitioner is a Doctor working in the Kerala Health Services. While he was working in the Government Rural Dispensary, Porathur, he had requested for transfer from that station. The Government Hospital at Tirur was the first preference or choice given by him when he made a request for transfer. No doubt, he did not get the transfer as requested for but on 5th May 1979, he was posted to the Government Hospital, Tirurangadi. Ext. P-2 is the order of transfer. On 6th November 1979, he was again transferred to Ponnani. Ext. P-3 is that order. Afterwards on 6th September 1980, the petitioner was given a posting at Tirur. Ext. P-4 is the copy of that order.

2. The third respondent is another Doctor working in the Government Hospital, Tirur. He had been at Tirur for some considerable length of time, for more than three years. He was then transferred and posted to the General Hospital at Calicut. He joined duty at Calicut, but then it appears immediately he entered on leave. The petitioner would contend that the third respondent was then trying to get himself transferred back to Tirur. On 23rd May, this year, there was publication in the newspapers regarding the general transfers and postings of a large number of Doctors working under the Kerala Health Services. In the general transfer, the petitioner was transferred to Tirurangadi and the third respondent was brought back to Tirur. This order of transfer is questioned by the petitioner in this O. P. The O. P. was filed immediately after the publication of the general orders of transfer in the newspapers. The complaint of the petitioner in the O.P. is that in effecting the transfers, that is, in sending the petitioner to Tirurangadi and taking back the third respondent to Tirur, where he had already been working for a considerable length of time-for more than three years, the second respondent has gone against the guidelines which the Government themselves have fixed in the matter of transfer. It is contended that the action is against the terms and spirit of the norms laid down as evidenced by Ext. P-1, which is a copy of the G. O. dated 18th May, 1977 as amended by another Government Proceedings of 4th March, 1979. The petitioner's short case is that having laid down the general principles of transfers in a formal Government Order, the State of Kerala and the Director of Health Services cannot violate the same unless for specified reasons, and to order transfers according to their whims and fancies. The petitioner would contend that it is a case of victimisation. According to him, he had served in Tirur only for nine months. Therefore, transfer of the third respondent to Tirur where he had already-worked for more than three years and who had entered on leave, when he was transferred from Tirur is really arbitrary and violative of Art.14 and 16 of the Constitution. No doubt, for administrative exigencies, he may be transferred. But here the impugned orders have been passed on extraneous ground. They have not been passed in public interest considerations which are relevant have not been kept in view while irrelevant considerations have obviously weighed with respondents 1 and 2 in passing the impugned orders.

3. What the petitioner prays for in this O. P. is that the general transfer order in so far as it relates to the transfer of the petitioner from the Government Hospital, Tirur to the Government Hospital, Tirurangadi and the posting of the third respondent to the Government Hospital, Tirur in the place of the petitioner should be quashed and writ of mandamus restraining respondents 1 and 2 from transferring the petitioner from Government Hospital, Tirur before he completes three years in that station should be issued.

4. Before going into the counter affidavit filed by the respondents, I might here point out that along with the O. P., the petitioner has sought for an interim direction to permit him to continue to work in the Government Hospital,