CWP-21832-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 134 CWP-21832-2026 (O&M) Date of decision: 20.07.2026 Rajesh Sharma ....Petitioner Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Lajpat Rai Sharma, Advocate for the petitioner. Mr. Naveen Singh Panwar, DAG, Haryana. HARPREET SINGH BRAR J. (Oral) 1. Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to adjust/depute the petitioner at vacant post of Principal at Government Senior Secondary School, Model Town Karnal (1790), District Karnal or Government Senior Secondary School Gheer (1861), District Karnal, in view of his medical condition. 2. Learned counsel for the petitioner, inter alia, contends that the petitioner, who was appointed as Lecturer (Political Science) on 20.08.1999 and promoted as Principal on 11.01.2023, is suffering from serious neurological ailments ever since he underwent brain tumour surgery in the year 2004 at PGIMS, Chandigarh. He further submits that MOHD YAKUB 2026.07.21 09:16 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-21832-2026 2 the treating doctors have consistently advised the petitioner to avoid long journeys, as is evident from the medical prescription dated 08.12.2007 (Annexure P-1) and the Department of Neurosurgery, PGI, Chandigarh has also issued a Chronic Disease Neurological Operation Certificate dated 31.12.2008, valid for life (Annexure P-2). Learned counsel for the petitioner further submits that the petitioner has been continuously undergoing treatment at various empanelled hospitals and has also been advised not to drive as discernible from Annexures P-3 to P-5, respectively. The petitioner is also suffering from diabetes and has been issued a Chronic Disease Certificate dated 05.04.2024 (Annexure P-6) by the office of Civil Surgeon, Karnal, valid for five years. Learned counsel for the petitioner further contends that although the petitioner was earlier transferred without considering his medical condition, this Court, while disposing of CWP No.4992 of 2023, directed the competent authority to decide his representation, pursuant to which he was adjusted at Government Senior Secondary School, Udana, District Karnal. However, he submits that even at the present place of posting, the petitioner is required to travel about 37 kilometres from his residence and there is no public conveyance available on the said route. Learned counsel for the petitioner further submits that despite the availability of vacant posts of Principal at Government Senior Secondary School, Model Town, Karnal and Government Senior Secondary School, Gheer, Karnal, the representation dated 15.05.2026 (Annexure P-8) submitted by the petitioner seeking MOHD YAKUB 2026.07.21 09:16 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-21832-2026 3 adjustment/deputation on medical grounds has not been considered by the respondents till date. 2.1. Learned counsel for the petitioner further contends that he would be satisfied if the representation (Annexure P-8) of the petitioner is decided by respondent No.2 by passing a speaking order in a time bound manner. 3. Learned State counsel, appearing on advance notice, submits that he has no objection, in case a direction is issued to the respondent No.2 for time-bound consideration and decision of the representation (Annexure P-8) of the petitioner by passing a speaking order. He, however, submits that the petitioner has undergone a surgery in the year 2004 on an earlier occasion, the petitioner was transferred in District Karnal and now, he is claiming to be posted within the same District, however, in a different school. Further, the petitioner can participate in the next transfer drive under the Teachers Transfer Policy and his case would be considered accordingly. Moreover, there is no latest medical certificate available with the petitioner, issued by the competent authority and as such, the petitioner cannot claim the benefit of a surgery conducted in the year 2004 as he has fully recovered from the said illness and from the last three years, he is serving in Government Senior Secondary School, Udana, District Karnal. Lastly, he contends that the petitioner has no vested right to approach this Court by invoking its jurisdiction under Article 226 of the Constitution of India. MOHD YAKUB 2026.07.21 09:16 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh. CWP-21832-2026 4 4. Without commenting anything on the merits of the case and in view of the limited prayer made by learned counsel for the petitioner, the respondent No.2 is directed to consider the representation (Annexure P-8) of the petitioner and pass a speaking order, after affording an opportunity of hearing to the petitioner, within a period of 03 months from the date of receiving a certified copy of this order. Further, the decision taken thereof shall be conveyed to the petitioner. Needless to say, if the petitioner is found entitled to the relief sought, the same shall be granted forthwith by respondent No.2. 5. Disposed of, accordingly. (HARPREET SINGH BRAR) JUDGE 20.07.2026 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MOHD YAKUB 2026.07.21 09:16 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh.