2026:UHC:2741 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 983/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. S.K. Mandal and Mr. Sohan Singh Mehta, Counsel for the petitioner. Mr. K.N. Joshi, Deputy AG, for the State. (2) Petitioner is aggrieved by order dated 1.4.2026, passed by Deputy Education Officer, Kotabag, Nainital, pursuant to which her attachment in Government Primary School, Udaipuri, Kotabag, Nainital has been cancelled. It is not in dispute that petitioner was earlier serving as Head Mistress in Government Primary School, Kalyanpur, Kotabag, Nainital and she was attached to another school, namely, Government Primary School, Udaipuri, vide order dated 23.3.2026. Petitioner was attached at Udaipuri as no student took admission at Kalyanpur, which resulted in closure of the school. Petitioner contends that her attachment at Udaipuri could not have been cancelled merely within one month. (3) Learned State Counsel was asked to get instructions. On instructions, Mr. K.N. Joshi submits that petitioner was attached at Udaipuri by an officer who was not competent for the purpose. He submits that the officer, who passed the attachment order, was not having charge of Kotabag Block. He thus submits that all orders of attachment, passed in the month of March 2026, were directed to be cancelled in view of Government Order dated 7.8.2018. (4) Mr. S.K. Mandal, learned Counsel for the petitioner, however, disputes the submission made by learned State Counsel and submits that the officer, who attached the petitioner at Udaipuri, was having charge of Kotabag Block. 2026:UHC:2741 (5) Be that as it may, since petitioner holds a transferable post and transfer is an incidence of service, therefore, this Court is not inclined to interfere in the matter, especially when petitioner’s transfer has been made as per her conditions of service. State has to run the schools and if there is no student available in a particular school, then the teachers have to be shifted/adjusted in the nearby schools. In the present case also, this has happened. Because of the closure of school at Kalyanpur, petitioner was adjusted at Udaipuri. When the competent authority learnt about the fact that the attachment has been made by an officer who was not competent for the purpose, therefore the attachment order has been cancelled. Now, the competent authority will make the necessary arrangements for utilising services of the petitioner at a place where the services of a teacher are needed. (6) Having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to the petitioner to make representation regarding her transfer. If she makes such representation by 21.4.2026, decision thereupon shall be taken, as per law, within ten days thereafter. For a period of two weeks or till the decision is taken on petitioner’s representation, whichever is earlier, status quo qua petitioner’s posting shall be maintained. (Manoj Kumar Tiwari, J.) 17.4.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3 aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB58805 2DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.04.18 10:22:26 +05'30' 2026:UHC:2741