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Judgment
(per Mr. Manoj Kumar Gupta C. J.)
Heard learned counsel for the parties. 2. The present writ petition has been filed assailing the transfer order dated 24.09.2026 and the consequential relieving order dated 25.09.2026 issued by the respondent authorities whereby the petitioner, who is presently serving as Professor in the Department of Physiology, Veer Chandra Singh Garhwali (VCSG) Government Institute of Medical Sciences & Research, Srinagar Garhwal has been transferred to Government Medical College Haldwani.
The main ground on which the transfer order has been challenged is that the petitioner was appointed and posted at the present place of posting on 13.05.2025 1 and within a short time of one year he has been transferred. It is contended that the same is contrary to the provisions of the Transfer Act, 2017.
Learned State Counsel has placed on record the instructions received from the Director of Medical Education, Uttarakhand. Paragraph nos.4 and 6 of the instructions, which are relevant, are as follows:
“4.That in the present writ petition, the petitioner has primarily challenged the transfer order No 1340/XXVIII (5)/2026 (E-31073) dated 24.09.2026 passed by the office of Medical Health & Medical Education Department, Govt. of Uttarakhand, specifically mentioning that “the change of postings was directed to be implemented immediately". It is submitted that the transfer of the faculties/ staff is a policy matter of Govt. of Uttarakhand, which is time-to-time implemented considering the priority of patient welfare and the academic functioning of the Institutes. Moreover, the petitioner is not alone to be transferred instead many other faculties were also transferred to meet the NMC requirement of different State Medical Colleges for safe guarding the academic interest of the students.
5.…..
6.That it is relevant to mention in the present context that a PIL (no 202/2026) has also raised the concerns about transferring faculties from Haldwani. Moreover, MD physiology course is running in department of Physiology in Haldwani Medical College and there is no professor available, therefore in the interest of academics it is necessary to transfer the faculty.”
As the petitioner has been transferred to meet the NMC requirements and to fill up the vacant post of Professor in Haldwani Medical College in the Department of Physiology, therefore, we are not inclined to interfere with the transfer order. 2
Learned counsel for the petitioner further submitted that the impugned transfer order is mala fide as the petitioner had earlier filed two writ petitions and, according to him, it is on account of the said reason that he has been transferred. However, as noted above, the transfer has been made to fill up the vacant post of Professor in the Department of Physiology and to meet the NMC requirements. Therefore, the contention that the transfer order is mala fide has no merits and cannot be accepted.
The petitioner holds a transferrable post and transfer having been made in public interest, there is no occasion for this Court to interfere with the transfer order.
The writ petition lacks merit and the same is, accordingly, dismissed.
Pending application, if any, also stands disposed of accordingly.