IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.12456 of 2025 Decided on: 1st August, 2025 ------------------------------------------------------------------------------------- Diwan Singh …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Mandeep Chandel, Advocate. For the Respondents: Mr. L.N. Sharma, Additional Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Petitioner is serving as Junior Basic Trained (JBT) Teacher at GPS Kaman, Education Block Chowari, District Chamba. He instituted Diwan Singh Versus State of H.P. & Ors.2, seeking transfer from the aforesaid school in District Chamba to District Mandi under 5% inter-district quota for transfer provided under notification dated 20.11.2021. The said writ petition was disposed of on 06.04.2025 with direction to the respondents to consider 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 CWP No.6104 of 2025, decided on 06.04.2025 2 and decide petitioner’s representation in accordance with law and applicable policy within six weeks. Pursuant thereto, respondent No.2 passed an order on 01.07.2025 (Annexure P-6), rejecting the request of the petitioner. Petitioner feels aggrieved against the aforesaid order. 2. Heard learned counsel for the parties and considered the case file. 3. In my considered view, no case for interference with the impugned order is made out. The respondents have given cogent reasons for not accepting petitioner’s request for his inter-district transfer from GPS Kaman, Education Block Chowari, District Chamba to District Mandi. As per the impugned order:-  2258 posts of Junior Basic Teachers are sanctioned in District Chamba. Out of these sanctioned posts, 365 are lying vacant.  GPS Kaman is presently having only two teachers. In case of transfer of the petitioner from the school to another district, the school will remain as single teacher school. Petitioner has not pleaded any discrimination on part of the respondents. It is not his case that the 3 respondents have considered the case of some other Junior Basic Teacher and transferred him/her from District Chamba to another district under 5% inter-district policy. The contention of learned counsel for the petitioner that notification dated 20.11.2021, providing 5% inter-district transfer policy, vests an absolute right in the petitioner to be transferred to another district subject to his transfer being within 5% inter-district quota, is misconceived. The notification does not give any right in favour of the petitioner much less an absolute one. Relevant clause of the notification is as under:- “(B) Percentage: 5% of the district wise cadre strength of JBT and C&V cadre will be considered for inter-district transfer from one district to another every year.” The notification only gives a right of consideration for inter-district transfer of the applicants. It does not bestow any vested right in favour of any applicant to be transferred outside his cadre district even if 5% quota is available. This is an aspect, which is to be considered by the respondents based upon several factors including their administrative exigencies. 4. Hence, the writ petition fails and is dismissed. It shall, however, remain open for the petitioner to apply 4 again for his inter-district transfer in accordance with law. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua August 01, 2025 Judge Mukesh