JUDGMENT : Petitioner is a lecturer, who had also undergone some training at NCC Officer's Training Academy, Gwalior. By virtue of the impugned order dt. 13.2.2015, the petitioner has been transferred from GHSS, Rehari, Jammu, to HSS Dansal, against an available vacancy. The petitioner has challenged the order impugned on the ground that since she is trained in NCC and there is no Unit of NCC at Dansal, where the petitioner is posted vide the impugned order, the said order of transfer was in violation of the Government Circular dt. 10.7.1975, and the Government Order dt. 25.6.2009, which prescribed that the transfer of NCC trained Officers must be in consultation with the NCC Directorate and they should be posted at the places where the NCC Unit was functioning. It is settled law that transfer is an exigency of service and that it can be interfered only where the said order is issued by an authority not competent to do so, issued for malafide consideration or is otherwise contrary to the statutory provisions. It is also settled that a policy of transfer or a circular not having any statutory force or flavor cannot be enforced through the court in its writ jurisdiction. In the present case, it will be seen that the petitioner is primarily a Lecturer and has been transferred against an available vacancy at Dansal, Only because she is also trained in NCC does not imply that for ail times to come, she can never be shifted and transferred to a place where there is no NCC unit, The circular dt. 10.7.1975, on which reliance has been placed only seeks to ensure that the NCC training activities should not be impaired on account of transfer of a trained staff. For that, it has been provided in the said Circular that a simultaneous posting of a part time NCC officer should be made. The said circular does not, however, ensure that no such transfer can be effected of such a person to a School where no NCC activities take place. This court in a similar case titled “Mohinder Sharma v. State and ors”, SWP No. 299/15, vide judgment dt.
The said circular does not, however, ensure that no such transfer can be effected of such a person to a School where no NCC activities take place. This court in a similar case titled “Mohinder Sharma v. State and ors”, SWP No. 299/15, vide judgment dt. 10.2.2015, had dismissed the aforementioned petition rejecting the proposition propounded by the writ petitioner by placing reliance upon two earlier judgments of this court reported as Ramesh Kumari v. State and ors, 2007 JKJ (21) 370 and Pardeep Singh v. State and ors, 2013 JKJ(28) 599. Following the judgments supra, this petition is also dismissed being without any merit. Caveat discharged.