Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPSS/ 31/ 2026

Hon’ble Manoj Kumar Tiwari, J

1. Ms. Mamta Bisht, learned counsel

for the petitioner.

2. Ms. Mamta Bisht, learned Deputy Advocate General for the State of

Uttarakhand.

3. Petitioner is serving as Head Mistress in a Government Aided Government Girls Junior High School in District Tehri Garhwal. She is seeking transfer to another Government Aided Junior High School in District Dehradun. Since the post of Head Mistress in the Institution, to which she is seeking transfer, has been declared to be dead, therefore, petitioner has approached this

Court, seeking the following reliefs:-

(i) Issue a writ, order or direction in the nature

of mandamus commanding the Respondent No. 2 to take a decision on the revival of the post of Headmaster/Headmistress in Kanya Junior High School, Gujrada, Sahastradhara Road, Raipur, Dehradun, in accordance with the Uttarakhand School Education Act, 2006 and the Regulations, 2009 within a time-

bound period.

(ii) Issue a writ, order or direction in the nature

of mandamus commanding the Respondents to consider and take decision on the Petitioner’s transfer, pursuant to the approvals already granted, within a stipulated

time.

5. Learned State Counsel submits that Institution in District Dehradun, to which petitioner is seeking transfer, is having very few students and in the year 2023

there were only 88 students studying in the school. She further submits that the strength of students have further receded in subsequent years. Learned State Counsel also raised an objection that teacher of a Government Aided Institution is not transferable to other Institution. She submits that petitioner is seeking transfer to an Institution where post of Head Mistress is not available, therefore, the writ petition, according to State Counsel, is misconceived, as the post cannot be revived only for accommodating the petitioner upon her transfer from Tehri Garhwal to Dehradun. 6. Learned counsel for the petitioner submits that under the Regulations, Teacher of a Government Aided School can be transferred from one Aided School to another, but with the concurrence of Managements of both the schools. She submits that Committee of Management of the Institution at Dehradun has given consent for transfer, therefore, the post needs to be revived.

7. This Court is not inclined the grant the relief, as prayed for. Petitioner does not have any vested right of transfer, therefore, there cannot be any direction to the Authorities to revive the post of Head Mistress in the School at Dehradun. 8. The writ petition is, accordingly, dismissed. No order as to costs.

(Manoj Kumar Tiwari, J)

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