Extracted from the PDF above. The PDF is authoritative.
2026:UHC:2677 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/974/2026 Hon’ble Manoj Kumar Tiwari, J.
Mr. S.K. Mandal & Mr. Sohan Singh Mehta, Advocates for the petitioner.
2. Mr. K.N. Joshi, Deputy Advocate General for the State of Uttarakhand/respondents.
3. Petitioner is challenging the order dated 01.04.2026, passed by Deputy Education Officer, Kotabag, District Nainital. By the said order, it was provided that all the orders of attachment passed in March, 2026 shall stand cancelled.
4. Petitioner contends that originally she was serving in Government Primary School, Khani Syat, Kotabag and she was thereafter attached in Government Primary School, Ruppur, Kotabag by District Education Officer, Nainital on 11.06.2025 as there was no teacher available at Ruppur while there were 2 teachers against 7 students available in Government Primary School, Khani Syat, Kotabag. It is contended that Deputy Education Officer, Kotabag acted arbitrarily in cancelling the order of attachment, especially when petitioner was permanently posted at Ruppur by Deputy Education Officer vide
order dated
25.03.2026.
5. Learned State Counsel submits that the District Education Officer is the competent authority to make appointment and transfer of Primary School Teachers. He submits that Deputy Education Officer was not competent to pass order of
2026:UHC:2677 attachment in respect of the petitioner. He submits that consequent to the order dated 01.04.2026, impugned in this writ petition, petitioner would have to join at Government Primary School, Khani Syat and if her services are not needed there, then the competent authority shall transfer the petitioner to some other school where there is vacancy available on the post of teacher.
6. Learned State Counsel submits that if petitioner has any grievance in the matter, then she can approach the competent authority by making a representation.
7. This Court finds substance in the submission made by learned State Counsel. Since petitioner holds a transferable post and transfer is an incidence of service, therefore, this Court is not inclined to interfere in the matter. The personal problems faced by her can be highlighted before the departmental authorities.
8. The writ petition is, accordingly,
disposed of by permitting the petitioner to make representation to the District Education Officer regarding her transfer. If she makes representation within one week from today, decision thereupon shall be taken, as per law, within two weeks thereafter. For a period of three weeks or till decision is taken on the representation, whichever is earlier, status quo as regards petitioner’s posting shall be maintained.
(Manoj Kumar Tiwari, J.) 16.04.2026 Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131b b4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D65 3D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.04.16 17:33:16 +05'30'