UKHC010104662026 2026:UHC:5074-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY June 19, 2026 Writ Petition (S/B) No.346 of 2026 Dr. Suresh Chandra Nautiyal ----Petitioner Versus State of Uttarakhand and Others ----Respondents ----------------------------------------------------------------- Presence:- Mr. S.S. Yadav, learned counsel for the petitioner Mr. B.P.S. Mer, learned Standing Counsel with Mr. M.S. Bisht, learned Brief Holder for the State. JUDGMENT : (per Mr. Manoj Kumar Gupta, C. J.) 1. Heard learned counsel for the parties. 2. The petitioner feeling aggrieved by his transfer from Government P.G. College Raipur to Government College, Chudiyala in the same position i.e. as Assistant Professor (Physics), vide order dated 09.06.2026, has filed the present writ petition. 3. The case of the petitioner is that his wife is posted at Kotdwar and, therefore, in the option form submitted by him, he had exercised the first option for transfer to Kotdwar, however, the respondents have transferred the petitioner to a place, which has not been given as an option by him. 4. It is submitted that in the eligibility list prepared by the Department in respect of the teachers to be transferred during the current transfer year, as against the name of the petitioner, it is 1 UKHC010104662026 2026:UHC:5074-DB mentioned that no option form has been received from him, which according to the petitioner is incorrect, inasmuch as, option form was duly forwarded by the Principal of the College along with his covering letter dated 13.05.2026. 5. Learned State Counsel has obtained instructions and in which the stand taken is that by inadvertence, the option form submitted by the petitioner was not considered. Thus, it is evident that the transfer has been made without considering the option given by the petitioner. The petitioner has already made representation to the Department on 10.06.2026 and which is stated to be pending. 6. In view of the above facts, the writ petition is disposed of with direction to the Competent Authority to take decision on the representation of the petitioner within two weeks and till then the effect and operation of the impugned transfer order shall remain in abeyance. 7. Learned State Counsel undertakes to communicate the instant order to the Competent Authority within two days. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 19.06.2026 Rajni 2