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2026 DAILYLAW 15308 (HP)

HARSHA KUMARI v. THE STATE OF HP AND OTHERS

CWP/18620/2025 · 2026-07-14

Ajay Mohan Goel

body2026

Judgment text

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2026:HHC:28478 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.18620 of 2025 Decided on: 14.07.2026 Harsha Kumari … Petitioner Versus State of Himachal Pradesh and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner: M/s Prem P. Chauhan, Shikha Rajta and Ayushi Sharma, Advocates. For the respondents: Mr. Rahul Thakur, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral) Notice. Mr. Rahul Thakur, Deputy Advocate General, accepts notice on behalf of respondents. 2. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “ i) Issue a Writ of Certiorari to quash and set aside the impugned office order No.HFW- H(1) B (6) 143/91 (Court Case) dated 21.11.2025 (Annexure P-3), issued by Respondent No.2, whereby the Representation of the Petitioner was rejected. ii) Issue a Writ of Mandamus directing the the Respondents to transfer the Petitioner from IGMC Shimla to Zonal Hospital Mandi, SLBS Medical College Ner Chowk, or Civil Hospital Sundernagar, against a vacant post or by transferring an incumbent with a longer stay to IGMC Shimla, with immediate. Iii) Direct the Respondents to grant the Petitioner the benefit of the “Couple Case” policy in letter and spirit.” 3. When this case was listed on 10.07.2026, following 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:28478 order was passed:- “Learned Additional Advocate General has handed over instructions dated 09.07.2026, received from Director (Health Services), to the Government of Himachal Pradesh, perusal whereof demonstrates that the petitioner has opted for the Cadre of Director (Health Services) and as such she is required to be relieved from the Cadre of Director (Medical Education) to the Cadre of the Director (Health Services). Learned Additional Advocate General submit that in light of this fact, the petitioner otherwise cannot seek her transfer to a Medical Institution. Faced with this situation, learned Counsel for the petitioner submits that he may be granted some time to have instructions. As prayed for, list on 14.07.2026.” 4. Learned Counsel for the petitioner, on instructions, submits that as the petitioner has already opted for the health services, she will not insist for her transfer in any Medical College, but her request for being adjusted at some other place in the vicinity where her husband is serving, be considered sympathetically in light of the fact that her is a couple case. 5. In the backdrop of the request made by learned Counsel for the petitioner, this petition is disposed of with the direction that Director (Medical Education), to the Government of Himachal Pradesh and Director (Health Services), to the Government of Himachal Pradesh shall ensure that in terms of the option exercised by the petitioner, she berelieved from the Cadre of Medical Education 3 2026:HHC:28478 and made part of the Cadre of the Health Services. Thereafter, her request for her posting at a place in vicinity where her husband is posted, be considered by the Authority. Needful be done within a period of eight weeks from today. 6. The petition stands disposed of, so also pending miscellaneous application(s), if any. (Ajay Mohan Goel) Judge July 14, 2026 (Rishi)