JUDGMENT : Heard Mr. M. Khan, learned counsel for the petitioner in WP(C) 4695/2021 and T.U. Laskar, learned counsel for the writ petitioner in WP(C) 4589/2019. Also heard Mr. S.M.T. Chistie, learned counsel for the respondents No.1, 2 and 3 being the authorities under the Secondary Education Department of the Govt. of Assam. 2. The respective private respondents of the two writ petitions are being represented as writ petitioner in their own respective petition and therefore, no separate hearing is required. Considering the nature of the order proposed to be passed, we are of the view that the respective Headmaster of the School are not required to be heard. 3. The petitioner Md. Sadique Ahmed in WP(C) 4695/2021 is an LD Assistant in the Asimia High School, Karimganj district whereas, the writ petitioner in WP(C) 4589/2019 namely Safiqul Islam Choudhury is an LD Assistant in the Deorail Title Madrassa also located in the Karimganj district. 4. Safiqul Islam Choudhury has assailed the order dated 01.06.2019 of the Joint Secretary to the Govt. of Assam in the Secondary Education Department by which he was transferred and posted in the Asimia Sr. Madrassa, Karimganj which later on became Asimia High School and by the same order Sadique Ahmed was transferred and posted as LDA in the Deorail Title Madrassa, Karimganj. The order of transfer shows that it was made for rationalising the teaching and non-teaching staff of the schools. In WP(C) 4589/2019 instituted by Safiqul Islam Choudhury an interim order dated 19.07.2019 was passed by which the impugned order of transfer dated 01.06.2019 was stayed. Prima satisfaction arrived at by the Court while issuing the interim order was that the rationalisation of posts would be applicable when a particular institute has more students and lesser number of teachers, whereas, another institute would have less number of students and more teachers. The entire arrangement is to rationalise the pupil teacher ratio so that both school have appropriate number of teachers. 5. But if the transfer was made for rationalisation there cannot have been a cross transfer of a LDA from one to other and vice versa. The very purpose of a cross transfer would not serve the purpose of rationalisation. On the aforesaid ground, the interim order was passed. 5. But if the transfer was made for rationalisation there cannot have been a cross transfer of a LDA from one to other and vice versa. The very purpose of a cross transfer would not serve the purpose of rationalisation. On the aforesaid ground, the interim order was passed. We do not find any infirmity to take a different view what the Court had taken while passing the interim order and therefore, while giving a final consideration the order dated 01.06.2019 would have to be considered to be an order passed in excess of jurisdiction. Further the concept of rationalisation flows from maintaining appropriate pupil teacher ratio meaning thereby that the teachers of the school having lesser number of students can be transferred to a school having more number of students. We do not understand the logic of rationalisation by transferring the LDA of the respective schools, unless of course, if there is some evaluation that one LDA is of higher calibre who can attend to more number of students than the other LDA. 6. From both the aforesaid aspects, we are of the view that the transfer order dated 01.06.2019 requires an interference and accordingly, the same stands set aside. The implication thereof would be that Sofiqul Islam Choudhury will continue as the LDA of Deorail Title Madrassa and Md. Sadique Ahmed will continue as the LDA of Asimia High School which was earlier called Asimia Senior Madrassa. However as the transfer is a prerogative of the employer, liberty remains with the authorities if the causes arise in the public interest, to take decision as deemed to be required. 7. It is stated that Sadique Ahmed the petitioner in WP(C) 4695/2021 in view of the interim order of the Court dated 19.07.2019 in WP(C) 4589/2019 was subsequently transferred to another school namely Anwarul Ulum Senior Madrassa. As the order 08.11.2019 was passed as a consequence of the interim order dated 19.07.2019, we also interfere with the said order and set aside. 8. The implication of setting aside the respective transfer orders would be that the authorities would have to consider that both the writ petitioners were continuously in service in their respective posts and therefore their respective salary should be paid. 9. Both the writ petition stands disposed of in the above terms. 10. Interim order passed earlier stands vacated.