Court directs consideration of medical grounds for teacher's posting; stays deployment order.

The applicant, Shameema Bano, initially appointed as a Rehbar-e-Taleem (RET) and subsequently regularized as a Teacher in the Education department, was attached in Zone Sumbal, Bandipora, due to medical ailments.

Her medical condition, requiring avoidance of long-distance travel and exposure to certain environmental factors, was certified by a Competent Medical Board.

Despite this, respondents were initially reluctant to deploy her to Zone Bandipora in 2025.

Subsequently, considering her medical certification and the prevailing transfer policy, the applicant was deployed to Zone Sumbal, Bandipora, via orders dated December 30, 2025, issued by respondent No. 3, the Chief Education Officer (CEO), Bandipora.

However, the Deputy Chief Education Officer (Dy. CEO), Bandipora (respondent No. 4), issued an order dated February 23, 2026, cancelling the applicant's deployment/attachment, which is the subject of the present O.A.

The applicant contends that the Dy. CEO lacked the authority to override the CEO's order without proper concurrence.

Whether the cancellation of the applicant's deployment/attachment by the Deputy Chief Education Officer, Bandipora, vide order dated February 23, 2026, was valid, given her medical condition and the previous deployment order by the Chief Education Officer?

The services of Rehbar-e-Taleem teachers, after regularization, are transferable within the District to which they belong, as per Government Order No. 469-Edu of 2014 dated June 25, 2014.

The Hon'ble High Court of J&K has directed respondents to consider placing such candidates anywhere within the District instead of tying them to a specific post.

The court did not delve into a detailed analysis of the merits of the case, including the competency of the Deputy Chief Education Officer to override the Chief Education Officer's order or the specific legal implications of the applicant's medical condition.

Instead, it opted for a procedural resolution based on the limited prayer made by the applicant's counsel.

The court acknowledged the applicant's medical certificate (Annexure A-7) and the contention that similarly situated individuals had received relief.

The court indicated that the respondents should consider the applicant's case, including her health-related grounds, against applicable rules and precedents.

The respondents are instructed to accord due consideration to the averments made therein, including the health-related grounds indicated in the medical certificate (Annexure A-7), for reconsideration of her posting in Middle School Shaltulpora Zone Sumbal.

This consideration must be based on its own merits and applicable rules, provided no other legal impediment exists.

A speaking and reasoned order must be passed within three weeks from the date of receipt of the certified copy of this order.

Furthermore, the impugned deployment order bearing No. CEO/Bpr/Estt./026/1341-47 dated February 23, 2026, shall not be given effect to *qua* the applicant for a period of three weeks from the order date, during which time the applicant shall be allowed to continue at Sumbal, Bandipora.

No order as to costs.