The court can interfere with an order if it violates its own guidelines and rejects an employee's representation without proper consideration.

U.B. Saha, J.

1. The instant writ petition is filed by the petitioner, an Assistant Teacher of Abhoynagar N.S. Vidyalaya, Sadar, Challenging the order of transfer dated 8.5.2006 (Annexure-5 to the writ petition) issued by the Director of School Education, Government of Tripura, the respondent No. 2 herein, whereby and whereunder the petitioner was transferred from Abhoynagar N.S. Vidyalaya, Sadar to Kulai Col High School under Inspectorate of Kamalpur, under Dhalai District, on the ground that he is working in the said school as an Assistant Teacher (NCC Trained) and an NCC commissioned officer and that he trained a number of NCC cadets in the school as well as at the state level and national level, but the school where he has been transferred, he has no scope to discharge such duties of an N.C.C commissioned officer as in the said school i.e., Kulai Col High School, there is no unit of N.C.C.

2. Heard Dr. H.K. Bhattacharjee, learned Counsel for the petitioner and Mr. T.D. Majumder as well as Mr. S. Chakraborty, learned Additional Govt. Advocate appearing for the state respondents 1 to 3 in absence of Mr. D.C. Nath, learned Counsel for the state respondents. Also heard Mr. R.K. Biswas, learned Assistant SG appearing for the respondents 4 to 7.

3. Before challenging the order of transfer by filing the present writ petition, the petitioner submitted a representation on 19.5.2006 (Annexure-6 to the writ petition) to the Director of School Education praying for stay of the transfer order stating, inter alia, that his service cannot be transferred in Kulai Col High School where a Unit of N.C.C. is not available and that, before transferring him to the said school, the authorities did not take any permission from the Officer Commanding, N.C.C. as required as per order No. F. 77(9) DE/71 dated 3.9.1976 issued by the Director of Education.

4. It appears from the letter dated 29.5.2006 (Annexure-7 to the writ petition), that the Officer Commanding, 15 Tripura Bn NCC, Tripura requested the Director of School Education, Government of Tripura to cancel the transfer order of the petitioner and the Director of School Education kept the said transfer order in respect of the petitioner in abeyance up to 31st December, 2006 vide Memo dated 27.6.2006 (Annexure-8 to the writ petition).

5. The petitioner also made a representation to the Commandant, 15 Tripura (I) Coy N.C.C., Agartala, Tripura for cancellation of his transfer order and in view of the said representation, the Officer Commanding, N.C.C. wrote a letter on 4.8.2006 (Annexure-10 to the writ petition) to the Director of Higher Education, Govt. of Tripura, the respondent No. 3 herein, requesting him for cancellation of the order of transfer of the petitioner. But ultimately, vide memo dated 13.11.2006 (Annexure-11 to the writ petition) issued by the Director of School Education, the petitioner was informed that his representation was rejected and the transfer order was upheld and given effect to. Hence, the petitioner has filed this writ petition.

6. The state respondents by filing the counter-affidavit has contended that the substantive appointment of the petitioner is as Assistant Teacher of a School under the State Government and the State Government has no liability so far as function of the petitioner as an NCC commissioned officer and that the NCC training in the school is' not must, rather optional and it is not possible to transfer a school teacher like the petitioner always in a school where N.C.C. unit is available. It is also contended by the state respondents that it is not the case of the petitioner that the transfer order of the petitioner is a mala fide or arbitrary one; and/or issued with an ulterior motive to harass the petitioner or to create hardship to him and the petitioner is/was transferred in Kulai Col High School in public interest.

7. Dr. Bhattacharjee, learned Counsel for the petitioner submits that though the transfer order was not issued with mala fide intenti