Page No.# 1/3 GAHC010025232024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/576/2024 NOOR ZAMAN KAZI S/O LATE JAHAR UDDIN KAZI, VILLAGE SILAIRPAR PART I, PO SILAIRPAR , PS GAURIPUR, DIST DHUBRI, ASSAM 783331 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF EDUCATION, DISPUR, GUWAHATI 6, KAMRUP M ASSAM 2:THE DIRECTOR ELEMENTARY EDUCATION KAHILIPARA GUWAHATI 19 ASSAM 3:THE DISTRICT COMMISSIONER DHUBRI ASSAM 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER GAURIPUR DHUBRI ASSAM 6:THE HEADMASTER SHYAMCHARANERKUTI MV SCHOOL Page No.# 2/3 SILARPAR PO SILAIRPAR PS GAURIPUR DIST DHUBRI ASSAM 78333 Advocate for the Petitioner : MR. T SK, MR. I ALAM Advocate for the Respondent : GA, ASSAM, MR. R ISLAM (R-6),MR G U AHMED (R-6),SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 22.01.2025 Heard Mr.T.Shiekh, learned counsel for the petitioners and Mr. NJ Khataniar, learned counsel for the Elementary Education Department. 2. The petitioner has put to challenge the transfer order dated 01.12.2023 issued by the respondent no.4, by which the petitioner has been transferred to Charaldanga MV from Shyamcharanerkuti MV School. 3. The petitioner’s counsel submits that in pursuance to the transfer order dated 01.12.2023, the petitioner had submitted his joining report on 19.02.2024. The petitioner’s counsel submits that though the petitioner has been working in the newly transferred school for nearly a year, as the petitioner is a physically disabled person with 50% locomotor disease, restricting his movement. Climbing of stairs in the new school is a difficulty and as such, the transfer order should be set aside. 4. Mr. NJ Khataniar, learned counsel and Mr. B.Deori, learned counsel for the respondents submit that no such averment has been made by the petitioner in the writ petition. They also submit that the transfer order having been made in the exigencies of service, there is no ground to interfere with the prayer of the petitioner. 5. I have heard the learned counsels for the parties. Page No.# 3/3 6. As correctly stated by the counsels for the respondents, no averment has been made by the petitioner in the writ petition that he is unable to climb the school steps, for attending classes in the newly transferred school. The petitioner, in fact, has prayed for transfer, only on the ground that the new transferred school is about 3 kms away from his native village and for reaching the same, he needs to walk a considerable distance. 7. On consideration of the facts, it is seen that the transfer has been made in the exigencies of service and there is nothing to show that the petitioner is unable to attend the school, especially when he is working there for the last one year. 8. Due to the above reasons, this court is not inclined to interfere with the impugned transfer order. 9. The writ petition is accordingly disposed of. JUDGE Comparing Assistant