JUDGMENT 1. - The matters relate to transfer and posting of Assistant Professor in the ENT Department of SMS Medical College, Jaipur. Since two orders of the Rajasthan Civil Services Appellate Tribunal, Jaipur, (hereinafter to be referred as the Tribunal) affecting the working of the Department are under challenge in the above writ petitions, all the three writ petitions have been heard together and are being decided by this common order. 2. There appears to be six posts of Assistant Professor in the ENT Department of SMS Medical College, Jaipur, and seven persons are claiming their posting in the same Department at Jaipur. 3. As has come on record, the controversy seems to have started when Dr. Anita Bhandari was transferred from SMS Medical College, Jaipur to Medical College, Bikaner vide order dated 29.6.1999. She filed an appeal before the Tribunal challenging her order of transfer. An interim order was passed by the Tribunal staying the operation of the transfer order and subsequently, appeal filed by Dr. Anita Bhandari was allowed by the Tribunal vide order dated 27.9.1999. 4. Thereafter, Dr. D.P. Gupta, was transferred from SMS Medical College to Medical College, Kota vide order dated 6.5.2000. The above order was not carried and by another order dated 29.5.2000 the earlier order dated 6.5.2000 was modified. Dr. D.P Gupta was transferred back to SMS Medical College, Jaipur and in his place. Dr. Man Prakash Sharma was transferred from SMS Medical College, Jaipur, to Medical College, Kota. 5. Dr. Man Prakash Sharma filed an appeal before the Tribunal challenging the order dated 29.5.2000. The appeal ultimately came to be allowed by the Tribunal vide order dated 12.9.2000. The Tribunal, while setting aside the order dated 29.5.2000 by which Dr. Man Prakash Sharma was transferred from Jaipur to Kota, also set aside the order dated 6.5.2000 by which Dr. D.P. Gupta was.transferred from Jaipur to Kota. Though the order dated 6.5.2000 by which Dr. DP Gupta was transferred from Jaipur to Kota. was not under challenge before the Tribunal, while setting aside the same, the Tribunal also directed the State Government to keep both Dr. D.P Gupta and Dr Man Prakash Sharma in SMS Medical College, Jaipur. The Tribunal, however, observed that the State Government may consider to transfer any other Assistant Professor in ENT Department. working at Jaipur to Medical College, Kota, in case he is not having any adverse circumstances. D.P Gupta and Dr Man Prakash Sharma in SMS Medical College, Jaipur. The Tribunal, however, observed that the State Government may consider to transfer any other Assistant Professor in ENT Department. working at Jaipur to Medical College, Kota, in case he is not having any adverse circumstances. The order dated 12.9.2000 passed by the Tribunal in the appeal filed on behalf of Dr. Man Prakash Sharma. is under challenge in SB Civil Writ Petition No. 5075/2000 filed by the State Government. 6. During the pendency of the appeal, filed by Dr. Man Prakash Sharma. another order dated 22.7.2000 was issued by the Government making certain transfers of Assistant Professors in different Departments of various Medical College in the State. Dr. Nishi Sonkhia, Assistant Professor in ENT Department, Medical College. Jodhpur, was transferred to SMS Medical College, Jaipur, in place of Dr. Anita Bhandari. who was transferred on the same post from SMS Medical College, Jaipur, to Medical College, Jodhpur. The order dated 22.7.2000 was challenged by Dr. Anita Bhandari by way of filing an appeal before the Tribunal. The appeal was allowed by the Tribunal vide order dated 21.12.2000. While setting aside the order dated 22.7.2000 so far as Dr. Anita Bhandari and Dr. Nishi Sonkhia is concerned, the Tribunal, however, observed that the State Government should have transferred the persons who had longest stay, with a further observation that the Department may consider for increasing the sanctioned post looking to the increased w:irk load in the Department and thereafter, if required, the person with longer sta,' should be transferred first. The order dated 21.12.2000, passed by the Tribunal, in under challenge in S.B. Civil Writ Petition No. 4212001, filed by Dr. Nishi Sonkhia, and S.B. Civil Writ Petition No. 446/2001, filed by the State of Rajasthan. 7. After having considered the submissions, made by the learned counsel for the parties, I have carefully gone through the material on record and also the judgments cited at Bar. 8. There can not be any dispute that transfer is an incident of service falling within the administrative domain of the Government or the competent authority. A Government servant, holding a transferable post, has no vested right to remain posted at one place or the other. Transfer orders, issued by the competent authority, do not violate any of his legal rights. There can not be any dispute that transfer is an incident of service falling within the administrative domain of the Government or the competent authority. A Government servant, holding a transferable post, has no vested right to remain posted at one place or the other. Transfer orders, issued by the competent authority, do not violate any of his legal rights. The courts should not interfere with such matters of transfer which are made in public interest or for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rules or on the ground of any mala fide. 9. It is further well established that even if a transfer order is passed in violation of executive instructions or orders, the courts, ordinarily, should not interfere with the order, instead affected party should approach the higher authorities in the Department. It has also been held by the Supreme Court as well as various High Courts that the courts should also not go into the question of relative hardship. It would be for the administration to consider the facts of a given case and mitigate the real hardship in the interest of good and efficient administration. 10. In the present case, neither any malafides nor violation of any statutory provisions have been alleged by any of the affected parties. As has come on record, it seems that the whole confusion is creation of the authorities only. They have been accommodating or adjusting one or the other person at Jaipur beyond sanctioned strength. Some facts have also been brought on record to show that persons in the ENT Department and other departments as well, of SMS Medical College, Jaipur, have been accommodated/adjusted against the posts of different Departments. It is a question of great concern as to how a person in a particular Department can be adjusted/accommodated against the post of a different Department affecting not only the working of that Department but also, the interest of public at large, who may suffer for not getting the services of the right person in the concerned Department. 11. It is a question of great concern as to how a person in a particular Department can be adjusted/accommodated against the post of a different Department affecting not only the working of that Department but also, the interest of public at large, who may suffer for not getting the services of the right person in the concerned Department. 11. Since it is for the State Government to consider the whole matter in regard to posting of Assistant Professors in ENT Department of the SMS Medical College, Jaipur, as per the sanctioned strength, in my opinion, the Tribunal was not justified in directing the Government to retain three persons, who approached the Tribunal, in the Department at Jaipur with a further direction for transferring any other person having the longer stay. as a matter of fact, in the present case Dr. Man Prakash Sharma and Dr. D.R Gupta have the longest stay at Jaipur, however, the Tribunal has directed the Government to retain both the Doctors at Jaipur and transfer any other person with longest stay at Jaipur. While issuing such directions, the Tribunal has clearly acted beyond its jurisdiction and both the orders, dated 12.9.2000 and 21.12.2000, passed by the Tribunal, impugned in the above writ petitions, can not be sustained in the eyes of law and are liable to be set aside and are quashed accordingly. 12. Looking to the nature of controversy and complications, which have arisen in the present matter, may be because of the orders passed by the State Government or directions issued by the Tribunal, in the interest of justice, I deem it proper to direct the Chief Secretary of the State of Rajasthan to look into the matter personally. He may examine the working of the ENT Department of SMS Medical College, Jaipur, and after considering the comparative hardship and requirement of the particular Assistant Professors. working in the above Department, may order for issuing fresh orders of transfer, if required, in accordance with law. 13. The Chief Secretary may further issue necessary instructions and guidelines to the Department concerned in regard to posting of Assistant Professors or any other posts in a particular Department against the posts meant for other Departments so that in future such unwarranted and uncalled for accommodations may not occur 14. All the Assistant Professors, affected in the present writ petitions, namely, Dr Nishi Sonkhia, Dr. Anita Bhandari, Dr. All the Assistant Professors, affected in the present writ petitions, namely, Dr Nishi Sonkhia, Dr. Anita Bhandari, Dr. Man Prakash Sharma and Dr. D.P. Gupta, may also submit their representations to the Chief Secretary within seven days from today and the Chief Secretary may also consider their representations while assessing the working of the Department, as directed above. 15. After making inquiry and due assessment of working of the Department concerned and also considering the representation of the persons affected, by the Chief Secretary, necessary instructions and guidelines and also fresh orders of transfer, if required, may be issued within 31; days from the date of receipt of certified copy of this order. 16. All the writ petitions stand disposed of accordingly.Writ Petitions Disposed of as Above. *******