2025:HHC:18153 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No :9660 of 2025 Decided On : 11.06.2025 __________________________________________________________ Dr. Purnima Thapar ....Petitioner Versus State of Himachal Pradesh & Others ….Respondents Coram Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? For the petitioners : Mr. Narender Singh Thakur, Advocate. For the respondents : Mr. Arsh Rattan, Deputy Advocate General, for respondents No.1 & 2-State. Ranjan Sharma, Judge [Oral] Heard. 2. Mr. Arsh Rattan, Learned Deputy Advocate General, accepts and waives service of notice on behalf of respondents No.1 & 2. 2A. No notice be issued to Respondent No.3, in view of the nature of the present writ petition. 3. Petitioner, Dr. Purnima Thapar, an Assistant Professor Public Administration has come up before this Court, seeking following relief(s): 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes 2025:HHC:18153 - 2 - “(i). That any appropriate writ/order or direction in the nature of certiorari may kindly be issued and the Impugned transfer order dated 21.05.2025 i.e. Annexure P-1 may kindly be quashed and set-aside. (ii). That any appropriate writ/order or direction in the nature of mandamus may kindly be issued and the respondents may be directed to allow the petitioner to continue at Government Degree College Sanjauli, District Shimla against Vacant post of Public Administration, H.P. in the interest of justice and fair play.” 4. Without going into merits, Learned Counsel for the petitioner states that the petitioner had made a representation on 28.05.2025 [Annexure P-3] to Respondent No.1-Secretary (Education) Government of Himachal Pradesh, requesting for adjustment in view of her 40% disability and other hardships, which is stated to be pending and no decision has been conveyed as yet. 5. Per contra, Learned State Counsel states that the prayer being innocuous shall be considered in accordance with law. However, he submits that as per Transfer Policy, the concession is available to incumbents who have at least 60% disability. 6. Faced with this situation, Learned Counsel 2025:HHC:18153 - 3 - for the petitioner states that statutory mandate of The Rights of Persons with Disabilities Act, 2016 shall have overriding effect over the State Transfer Policy. 7. At this stage, Learned Counsel on Instructions, states that the petitioner shall be satisfied, in case, the representation dated 28.05.2023 [Annexure P-3] is considered/examined by the Competent Authority. 8. On query by this Court, Learned Counsel fairly states that the petitioner stands relieved from present place of posting i.e. GDC Sanjauli and Respondent No.3 has joined in her place also. In these circumstances, the prayer for, staying the operation of Impugned Notification of Transfer [Annexure P-1] cannot be acceded to and is declined. 9. Leaving all questions open and the fact- situation of the case and the prayer of Learned Counsel for petitioner, this Court disposes of the instant petition at this stage, in the following terms: (i). State Authorities, including Respondent No.1-Secretary (Education) Government of Himachal Pradesh, is directed to examine/consider the representation 2025:HHC:18153 - 4 - dated 28.05.2025 [Annexure P-3] and then to pass appropriate orders in the matter after hearing the petitioner as well as respondent No.3 in accordance with law on or before 24.06.2025; (ii). As prayed for, the petitioner is permitted to make additional representation, if any, within three days from today; which shall also be examined by the Competent Authority; (iii). Till the decision on the representation, State Authorities-Respondents shall not compel the petitioner to join the transferred station and the petitioner is free to avail leave of kind due (iv). No order as to costs. In aforesaid terms, the instant petition as well as all pending miscellaneous application(s), if any, shall also stand disposed of. (Ranjan Sharma) Vacation Judge June 11, 2025 [Shivender]