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2026 DAILYLAW 7855 (UTT)

DEEPMALA v. SECRETARY HIGHER EDUCATION

WPSB/394/2026 · 2026-07-08

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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UKHC010113932026 2026:UHC:5518-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 WRIT PETTION (S/B) NO. 394 of 2026 08th July, 2026 Dr. Deepmala -----Petitioner Versus Secretary Higher Education and Others ----Respondents ---------------------------------------------------------------------- Presence:- Mr. S.S. Yadav, learned counsel for the petitioner. Mr. Amrendra Pratap Singh, learned Additional Advocate General with Mr. S.M.S. Mehta and Mr. Gajendra Tripathi, learned Standing Counsel for the State. ---------------------------------------------------------------------- JUDGMENT : (per Mr. Manoj Kumar Gupta C. J.) 1. The petitioner is aggrieved by order dated 09.06.2026, passed by respondents, by which, she has been transferred from Government P.G. College, Rudrapur to Government P.G. College Agaroda, Tehri Garhwal in the same capacity as a teacher in Zoology subject. The case of the petitioner is that her husband is a radiologist and he was also posted at Rudrapur in District Government Hospital. By order dated 29.06.2026, he has been transferred to District Government Hospital, Dehradun. The petitioner had also given option for transfer to Dehradun, but she has not been transferred to any of the opted place. 2. Counsel for the petitioner submits that the petitioner be given liberty to represent before the respondents for her being also transferred to Dehradun in 1 UKHC010113932026 2026:UHC:5518-DB view of the fact that her husband has been transferred to the said place. 3. Learned Counsel for the Department submits that the petitioner has only opted for sugam places, therefore, her option has not been accepted. 4. Be that as it may, since now her husband has been transferred to Dehradun, therefore, we deem it appropriate that the petitioner be given liberty to file a representation on the basis of the said fact. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to make a representation within one week and further direction to the concerned respondents to decide the same within two weeks. For a period of three weeks, the effect and operation of the impugned transfer order shall remain in abeyance and, thereafter, it shall be abide by the decision taken on the representation of the petitioner. 6. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 08.07.2026 KKS/PP 2