IMPORTANT POINT
The court emphasized the importance of considering the petitioner's case in light of the new policy and the earlier approval of the transfer, highlighting the non-receipt of approval by the DG Assam Rifles.

JUDGMENT

1. The petitioner who is stated to be an Eye Specialist serving as a Commandant in the Assam Rifles had applied for Inter-Force transfer since 01.12.2012, as per the guidelines issued by the Ministry of Home Affairs (MHA) for transfer and posting to husband and wife in the same station subject to availability of post.

2. The initial request was rejected on the ground that there was no sanctioned post for Eye Specialist on Composite hospital. On 18.10.2018, the petitioner again made another application which was considered by the Ministry of Home Affairs (MHA) and vide order dated 05.04.2019, the petitioner was transferred and posted at Composite hospital, BSF, Patgaon, which was however subject to the concurrence of the DG, Assam Rifles. The said concurrence, however was not forthcoming as the DG rejected the prayer of the petitioner vide speaking order dated 29.09.2019, as such the petitioner has again approached this Hon'ble Court for consideration of his case.

3. While this matter was pending before this Court, it appears that there has been a policy change which has been brought on record by way of an affidavit by the petitioner. The policy dated 23.07.2021, which is appended at Annexure-1 of the affidavit, indicates that a Committee for posting/transfer of Specialist Medical Officer etc., has been reformulated where it appears that the requirement of the concurrence of the DG does not appear to be criteria as in the earlier policy. However, it is noted that the Committee consists of the DGs of the BSF, CRPF, ITBP, SSB & AR. It is also indicated there in the policy at Clause 22 that the transfer order will be issued by the ADG (Medical). Clause 9 and 22 of the policy which are relevant are reproduced hereinbelow:

'COMMITTEE FOR POSTING/TRANSFERS :

9. The annual transfers of Specialist Medical Officers and GDMOs having PG qualification (including couple cases pertaining to these streams) will be decided by a committee comprising following officers:-

Secretary/Special Secretary/ - Chairman

Additional Secretary, MHA

DsG BSF,CRPF, ITBP,SSB & AR - Members

Or their representative

ADG(Med) - Member Secy.

Note:- As CISF has a common cadre with ITBP and NSG is a deputationist force, there is no representative from these forces in the Committee.

AUTHORITY COMPETENT TO ISSUE ORDER:

22. The transfers and postings orders will be issued by the ADG (Med) CAPFs, NSG & ARs after approval of the Committee.'

4. Considering the change of circumstances with the implementation of the new policy dated 23.07.2021, it is considered expedient to dispose of this writ petition at this stage itself by directing the Committee to consider the case of the petitioner expeditiously. While considering the matter, the Committee is to keep in mind, that the transfer of the petitioner had been approved on the earlier occasion, but due to the non-receipt of the approval by the DG Assam Rifles, the same has been kept on hold till date.

5. It is expected that the entire exercise will be completed within a period of 6(six) weeks from receipt of certified copy of this order.

6. Matter accordingly stands disposed of.