IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.19909 of 2025 Date of Decision: 17.12.2025 _______________________________________________________ Manoj Kumar …….Petitioner Versus State of Himachal Pradesh & Ors. … Respondents _______________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? ¹ For the Petitioner: Mr. Parkash Sharma, Advocate.

For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for the respondents-

State.

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Sandeep Sharma, Judge(oral):

hPetitioner herein is aggrieved by order dated 03.11.2025 (Annexure P-4), whereby representation, having been filed by him in terms of order dated 08.10.2025 passed in CWP No. 15857 of 2025, titled as Manoj Kumar Vs. State of H.P. and Others, praying therein for transfer under 5% inter-district quota, came to be rejected, on the ground that at present, there is single Teacher in the School and in the event of transfer of the petitioner, studies of student studying in GMS Kandhidhar, District Mandi, Himachal Pradesh, would be adversely affected.

1Whether the reporters of the local papers may be allowed to see the judgment?

2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by MrP. Parkash Sharma, learned counsel representing the petitioner, is that once Notification dated 20.11.2021 (Annexure P-1) clearly provides for 5% inter-district quota for inter-district transfer from one district to another district, coupled with the fact that petiotioner has already completed five years in District Mandi, prayer made on his behalf for transfer from District Mandi to District Sirmaur could not have been rejected.

3. Though having taken note of Notification dated 20.11.2021 (Anneoxure P-1), there appears to be merit in the contention oCf learned counsel representing the petitioner, but this Court certainly cannot lose sight of the fact that in the event of petitioner’s transfer from the present place of posting to one of the stations, as prayed for in the petition, studies of students studying in iGMS Kandhidhar, District Mandi, Himachal Pradesh, would be seriously affected, as such, this Court sees no reason to interfere with the impugned transfer order, however, having taken note of the fact that academic session shall be over by the end of December, 2025, this Court, deems it fit to dispose of the petition, with the direction to respondents to consider and decide the case of the petitioner afresh for inter-district transfer, after closure of academic session in December, 2025, as prayed by him vide representation (Annexure P-2 colly), in terms of Notification dated 20.11.2021. Ordered accordingly. It is clarified that at the time of doing the needfuPl in terms of instant order, plea otherwise sought to be raised by the respondents with regard to non-availability of vacancy shall not come in the way of the competent authority, rather in that regard, whole responsibility to provide Teacher at thoe School concerned is of the department. Since order dated 03. 11.2025 nowhere suggests that prayer made on behalf of the petitioner has been rejected on the ground of non-availability of post in District Sirmaur, this Court hopes and trusts that vaocancy, if any, available, shall not be filled up, compelling tChe petitioner herein to again approach this Court. Needful in terms of instant order shall be done by the respondents expeditiously, preferably, within a period of five weeks.

The present petition is disposed in the above terms, so ialso the pending miscellaneous application(s), if any.

p (Sandeep Sharma), Judge December 17, 2025 (Sunil)