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Judgment
Heard learned counsel for the parties.
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 Assistant 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 Rudrapur.
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 07.01.2026 and within a short time of eight months she 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 Directorate of Medical Education, Uttarakhand. Paragraph nos. 3, 4 and 5 of the instructions, which are relevant, are as follows:
“3.That in the present writ petition, the petitioner has self-contradictorily 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 mentioned order was received by her on WhatsApp which she does not consider as 'clear formal intimation' and that the transfer 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. Moreover, the petitioner was not alone to be transfered instead many other faculties were also transferred to meet NMC requirements for starting Rudrapur Medical College.
4.That through the present writ petition, the petitioner has tried to present herself as the victim of circumstances owing to the transfer order alleging it as 'arbitrary' and 'liable to be quashed’ for which she has presented various reasons including her husband's posting, her health etc.
5.That the respondent has complied the order which was to be implemented immediately. Consequently, the petitioner was relieved on 25.09.2026 complying the transfer order No. 1340/XXVIII (5)/2026 (E-31073) dated 24.09.2026.”
As the petitioner has been transferred to meet the NMC requirements and to fill up the vacant post of Assistant Professor in Rudrapur Medical College in the Department of Physiology, therefore, we are not inclined to interfere with the transfer order.
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.
At this stage, learned counsel for the petitioner submits that husband of the petitioner is posted as Medical Officer, Rudraprayag and it is urged that her husband be also transferred to Rudrapur.
In respect of the said submission, we leave it open to the petitioner’s husband to make representation before the authorities for his transfer to Rudrapur and, in the event any such representation is made, the same shall be considered by the competent authority within two weeks.