1. - This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 13.12.2000 against the respondents with the prayer that by an appropriate writ, order or direction, the impugned transfer order dated 10.8.2000 (Annex.4) passed by the respondent No. 5 Dy. Secretary. Medical and Health Department, Jaipur by which the petitioner was transferred from Medical College, Bikaner to Medical College, Ajmer and the respondent No, 3 Dr. Megh Raj Bardiya was transferred from Medical College, Ajmer to Medical College, Bikaner and the order dated 30.11.2000 (Annex.6) passed by the respondent No. 4 Rajasthan Civil Services Appellate Tribunal, Jaipur by which the appeal of the petitioner was dismissed, be quashed and set aside qua the petitioner and the petitioner be allowed to work in Medical College, Bikaner.

2. It arises in the following circumstances :

The petitioner was initially appointed on the post of Medical Officer on 5.9.1990 and, thereafter, he was selected through Rajasthan Public Service Commission and was given posting as Assistant Professor in Radio-therapy in S.N. Medical College, Jodhpur vide order dated 3.8.1991.

On 19.2.1992, the petitioner was ordered to be transferred from S.N. Medical College, Jodhpur to S.P. Medical College, Bikaner and again on 28.1.1998, the petitioner was transferred on the post of Associate Professor and was given posting at J.L.N. Medical College, Ajmer.

Thereafter, on 29.6.1999 through Annex.1 the petitioner was ordered to be transferred from J.L.N. Medical College, Ajmer to S.P. Medical College, Bikaner and in pursuance of that order, the petitioner joined his duty at S.P. Medical College, Bikaner on 3.7.1999.

The further case of the petitioner is that by the same order Annex.1 dated 29.6.1999, the respondent No. 3 was also ordered to be transferred from Bikaner to Ajmer, but the respondent No. 3 did not execute the said order and he was adjusted at Bikaner itself against the post of Associate Professor, Forensic Medicines vide order dated 7.7.1999 (Annex.2).

The further case of the petitioner is that though the respondent No. 3 was working at Bikaner for the last 17 years and he had not executed the transfer order Annex.1, all the same he was even adjusted against the post of Associate Professor in Forensic Medicine, whereas he was Associate Professor in Radio- therapy.

It was further submitted by the petitioner that since thereafter, the State Government decided to send all the persons to their respective posts in their subject, therefore, the respondent No. 3, who was working on the post of Associate Professor in Forensic Medicines for which he was not qualified, therefore, he was transferred vide order dated 17.5.2000 and was posted as Associate Professor in Radiotherapy at Ajmer and he was relieved for joining his duty at Ajmer on 7.8.2000 and for that, order Annex.3 dated 7.8.2000 may be referred to.

Thereafter, vide impugned order dated 10.8.2000 (Annex.4), the respondent No. 3 was again transferred from Medical College, Ajmer to Medical College, Bikaner in place of the petitioner and the petitioner has been transferred from Medical College, Bikaner to Medical College, Ajmer in place of respondent No. 3.

The further case of the petitioner is that the respondent No. 3, who was ordered to be relieved on 7.8.2000 through Annex. 3 for joining his duties at Ajmer, was again transferred within three days from Medical College, Ajmer to Medical College, Bikaner in place of the petitioner and the petitioner has been transferred from Medical College, Bikaner to Medical College, Ajmer in place of the respondent No. 3 through order Annex.4 dated 10.8.2000 and thus, the respondent No. 3 has been adjusted at Bikaner and this order Annex.4 has been issued at the instance of respondent No. 3 and therefore, this order Annex.1 dated 10.8.2000 is mala fide and the same has been challenged by the petitioner in this writ petition.

The petitioner approached the Rajasthan