Facts
The applicant, Rubeena Akhter, was initially appointed as a Rehbar-e-Taleem (RET) and subsequently regularized as a Teacher in the Education Department.
Source reference: p.2, para. 2Due to medical ailments, she was attached to Zone Bandipora.
Source reference: p.2, para. 2Her medical condition, including advice to avoid long-distance travel and high altitudes, was certified by a Competent Medical Board.
Source reference: p.2, para. 2; p.3, para. 4Considering this medical certification and the prevailing transfer policy, the applicant was retained deployed in Zone Bandipora via orders dated June 1, 2025, issued by Respondent No. 3.
Source reference: p.3, para. 3The applicant's husband is posted in GPO Srinagar, her 85-year-old mother-in-law suffers from various ailments, and she has two minor daughters requiring her care.
Source reference: p.4, para. 5Furthermore, her village in Gurez was displaced due to the Kishanganga Hydroelectric Power Project, causing her family to settle in Bandipora.
Source reference: p.4-5, para. 6Under Government Order No. 469-Edu of 2014, regularized Rehbar-e-Taleem teachers are transferable within their district.
Source reference: p.5, para. 7However, Respondent No. 3 cancelled her deployment/attachment via an order dated February 19, 2026, despite clear medical evidence.
Source reference: p.5, para. 8; p.6, para. 9The applicant sought to have this cancellation order set aside, arguing that she is similarly situated to applicants in other cases where relief was granted based on health-related constraints.
Source reference: p.6, para. 11Issues
Whether the cancellation of the applicant's deployment/attachment order dated February 19, 2026, should be reviewed and reconsidered by the respondents, given her medical condition, family circumstances, and the relevant transfer policy.
Source reference: p.6, para. 10; p.7, para. 14Whether the impugned deployment order dated February 19, 2026, should be stayed for a limited period to allow for due consideration of the applicant's representation.
Source reference: p.8, para. 15Law Applied
The court implicitly applied principles of administrative discretion and fairness, directing the respondents to consider the applicant's representation on its merits, especially concerning health-related grounds.
Source reference: p.6, para. 10; p.7, para. 14It also acknowledged the applicability of Government Order No. 469-Edu of 2014, which makes regularized Rehbar-e-Taleem teachers transferable within their district.
Source reference: p.5, para. 7The court also acknowledged the precedent set by Raheela Khan vs. School Education Department and Others (OA No. 149/2026) in similar health-related cases.
Source reference: p.6-7, para. 11Reasoning
The court, without delving into the specific merits, acknowledged the limited prayer of the applicant's counsel to treat the O.A. as a representation.
Source reference: p.6, para. 10; p.7, para. 14It found that the applicant's reliance on a Competent Medical Board's certificate, advising against strenuous travel due to her ailments, and her family circumstances (husband's posting, elderly mother-in-law, minor daughters, displacement of her village) presented a valid basis for reconsidering her posting.
Source reference: p.2-5, para. 2, 4-6The court noted that the applicant's regularization made her transferable within the district as per Government Order No. 469-Edu of 2014, allowing for a potential resolution within existing policy.
Source reference: p.5, para. 7The reference to the Raheela Khan case demonstrated the Tribunal's intent to maintain consistency in cases with similar health-related constraints.
Source reference: p.6-7, para. 11Therefore, the court directed the respondents to objectively consider the applicant's health and family grounds against the cancellation of her Bandipora deployment, while also ensuring her temporary continuation in Bandipora to prevent immediate hardship.
Source reference: p.7-9, para. 14-15Holding
The court disposed of OA No. 195/2026 by directing the respondents to treat the instant OA as a representation from the applicant and accord due consideration to her averments, particularly her health-related grounds as indicated in Annexure A-7, for reconsideration of her posting to Boys Middle School Ayathmulla Zone Bandipora.
A speaking and reasoned order is to be passed within three weeks from the receipt of the certified order, provided no other legal impediment exists.
Source reference: p.8, para. 14Furthermore, the impugned deployment order dated February 19, 2026, shall not be given effect to qua the applicant for a period of three weeks, during which she shall be allowed to continue at Bandipora.
Source reference: p.8-9, para. 15No costs were awarded.
Source reference: p.9, para. 16Original Court PDF
Rubeena Akhter v. Union Territory of Jammu & Kashmir & Ors. [O.A. NO: 195 OF 2026]
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in