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2026 DAILYLAW 2390 (JK)

SONIKA SHARMA v. UT OF J AND K TH. COMMISSIONER SECRETARY HEALTH AND MEDICAL EDUCATION DEPARTMENT, JAMMU AND OTHERS

WP(C)/2427/2026 · 2026-08-05

Wasim Sadiq Nargal

body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2427/2026 Sonika Sharma …..Appellant(s)/Petitioner(s) Through: Mr. Siddhant Gupta, Advocate Vs U.T. of J&K and others .…. Respondent(s) Through: Ms. Saliqa Sheikh, Assisting Counsel to Mr. Raman Sharma, AAG Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 05.08.2026 1. After arguing for a while, when confronted with the maintainability of the instant petition, learned counsel appearing on behalf of the petitioner submits that he would feel satisfied in case the instant petition is disposed of at the very threshold by directing the respondents to treat the same as representation and to accord consideration thereto, on compassionate and humanitarian grounds, within some reasonable period, in the light of the reply submitted by the Public Information Officer dated 31.03.2026 under the RTI Act, wherein the respondents have admitted that there is no specific transfer policy governing MLHPs (including BAMS doctors) under NHM J&K. As per HRH Guidelines, NHM 2022 (MoHFW, GoI), employees under NHM are not subjected to routine transfers. Transfers may be considered only in exceptional cases such as spousal co-location, mutual transfer, or personal/family reasons against a vacant post. Sr. No. 212 WP (C) No. 2427/2026 2. Learned counsel appearing on behalf of the respondents, who has waived notice on the asking of the Court, is not averse to the disposal of the sameprovided the same is directed to be considered strictly under rule and as per law. 3. Since an innocuous prayer has been made before this Court and in the peculiar facts and circumstance of the case which have been projected in the instant petition, this Court deems it proper to dispose of the writ petition at the very threshold by directing respondent No. 2 to treat the instant writ petition as representation and to accord due consideration to the same within a period of three weeks from the date a copy of this order along with a copy of the writ petition and its annexure are made available to the said respondent. 4. The aforesaid direction is issued on compassionate grounds in the light of the averments pleaded in the instant petition. Learned counsel for the petitioner further submits that the petitioner has projected exceptional circumstances through the medium of the instant petition, which deserve due weightage while considering the case of the petitioner. Accordingly, it is clarified that the respondent No. 2 shall accord due consideration to the case of the petitioner in the light of the averments pleaded in the instant petition and the record produced along with the same, strictly in accordance with law, within the aforesaid period and the order of consideration, which is likely to be passed be forwarded to the petitioner by the said respondent through registered post. WP (C) No. 2427/2026 5. The instant writ petition is, accordingly, disposed of along with connected application(s) in the manner indicated above. (Wasim Sadiq Nargal) Judge Jammu 05.08.2026 Nikhil