Smt Sarita Vashishth v. Director

SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar 's or der w it h Sign at u r es COURT'S OR JUDGE'S ORDERS

W PSS/ 5 3 / 2 0 2 6 Hon 'ble Su bh ash Upadh yay , J.

Mr. Anil Kumar Bisht, learned counsel for the petitioner.

¶2Mr. Dinesh Bankoti, learned Brief Holder for the State.

¶3Learned counsel for the petitioner had filed a Writ Petition No. 1782 (S/S) of 2025, in which, the Coordinate Bench of this Court vide order dated 11.11.2025 disposed of the said writ petition granting liberty to the petitioner to approach the competent authority for her regular transfer to a place of her choice by making a representation.

¶4Vide impugned order dated

26.12.2025, the District Education Officer, rejected the said representation made by the petitioner on the ground that the institute where the petitioner was seeking transfer, i.e., the Primary School Naini, Karnprayag, Chamoli, there is no vacancy of the Head Master.

¶5On 08.01.2026, the State counsel was directed to seek instructions in the matter. Learned counsel for the State submits that the vacancy in the said institute does not exist on account of the fact that the students in the institute are less than 150.

¶6Learned counsel for the petitioner submits that the said issue was considered by this Court in Writ Petition No. 1989 (S/S of 2024, whereby the Coordinate Bench on

16.05.2025 allowed the said Writ Petition and directed the respondents that merely on the basis of the students' strength, the

counselling and transfer of the petitioners cannot be denied. The order dated

16.05.2025 reads as under:

"The respondents are directed that merely on the basis of students' strength, the counselling and transfer of the petitioners should not be denied. The respondents are further directed to consider the transfer of the petitioners unaffected by the number of students in the basic schools."

¶7Learned counsel for the petitioner thus submits that there is a vacancy in Primary School Naini, Karnprayag, District Chamoli and, as such, the rejection of the representation of the petitioner, on the ground that there exist no vacancy is improper.

¶8Having heard the learned counsel for the parties the Court if of the view that the representation of the petitioner has been rejected arbitrarily and in violation of the orders passed by the Court. The respondents shall reconsider the case of the petitioner for posting in the institute Government Primary School, Naini, Karnprayag, District Chamoli without being influenced by the impugned order dated 26.12.2025. The said exercise shall be completed within a period of two weeks from today.

¶9Till the disposal of the representation the petitioner shall not be relieved from the present place of posting.

¶10With the observations, the writ petition is disposed of finally.

( Su bh ash Upadh yay, J.)

10.01.2026 Kaushal