Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA
CWP No. 08/2026
Decided on: 02.01.2026 Ishwar Chand
…Petitioner
Versus
State of H.P. & Anr. .…Respondents. ……………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1
For the petitioner:
Mr. Atul Sharma, Advocate. For the respondents: Mr. Rajat Choudhary, Assistant
Advocate General. Jyotsna Rewal Dua, J
Notice. Mr. Rajat Choudhary, learned Assistant Advocate General, accepts notice on behalf of the respondents. 2. Petitioner is serving as Junior Basic Trained Teacher at Government Primary School Dhar, Education Block Chamba, District Chamba. He belongs to District cadre i.e. District Chamba. Petitioner instituted Ishwar Chand Vs. State of H.P. & Anr.2 seeking inter-district transfer from District Chamba to District Sirmaur under 5% quota in terms of notification dated 20.11.2021. Ishwar Chand2 was disposed of with direction to the respondents to consider and decide petitioner’s representation within the given time frame. 1 Whether reporters of the local papers may be allowed to see the judgment? yes
2 CWP No. 15763/2025 decided on 06.10.2025
2 Pursuant to the said direction, respondent No.2 passed an office order on 08.12.2025 (Annexure P-3) rejecting the representation of the petitioner. 2. Heard learned counsel for the parties and considered the case file. 3. Respondent No. 2 has rejected petitioner’s representation seeking inter-district transfer from District Chamba to District Sirmaur on the grounds that: (i) 112 sanctioned posts of Trained Graduate Teachers are presently lying vacant in District Chamba; and (ii) Transfer of the petitioner from Government Primary School, Dhar, Education Block Chamba, District Chamba would otherwise adversely affect the academic interests of the students, especially during mid-session, due to shortage of teaching staff. 4. The reasons given by respondent No. 2 for rejecting the petitioner’s representation for inter-district transfer are bona fide. The Competent Authority has reasonably exercised the discretion vested in him in not allowing petitioner’s request under 5% Inter District Transfer policy. When the sanctioned posts of Junior Basic Trained Teachers in District Chamba are lying vacant and the academic interests of students would be affected because of the petitioner’s transfer from District Chamba to District Sirmaur, the impugned order cannot be said to be in violation of law. Public interest has to prevail over personal interest, more so in such a situation.
The petitioner has
3 also not raised plea of discrimination or malafide on part of the respondents in rejecting his case for Inter District Transfer. Accordingly, no interference is called for in the impugned order dated
08.12.2025. The instant petition fails and is dismissed. Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua
Judge 2nd January, 2026(rohit)