Facts
The applicant, originally engaged as a Rahbar-e-Taaleem (ReT) teacher and subsequently regularized, was initially posted at Khandiyal, Gurez, Bandipora.
Source reference: para 2On 30.12.2025, his services were utilized at Middle School Panzgam, Bandipora, on a rationalization basis.
Source reference: para 2However, via an impugned order dated 19.02.2026, the Chief Education Officer (CEO) Bandipora cancelled this deployment and directed the applicant to report back to his original place of posting in Gurez.
Source reference: para 4The applicant challenged this order, citing a medical certificate dated 01.04.2026, which diagnosed him with Chronic LBA with Rt. Leg Radiculopathy and advised against strenuous activity or travel in hilly terrain.
Source reference: para 3, 5Issues
1. Whether the applicant has a legal right to seek or maintain a posting at a place of his choice based on medical grounds.
Source reference: para 62. Whether the impugned order directing the applicant to return to his original place of posting (Gurez) was arbitrary or violative of service norms.
Source reference: para 1, 63. Whether the frequent issuance of medical certificates by the District Medical Board, Bandipora, to avoid postings in far-flung areas warrants judicial scrutiny.
Source reference: para 12-14Law Applied
The court reaffirmed that transfer is an exigency of service and a prerogative of the administration, which is the best judge of where to utilize an employee’s services in the public interest.
Source reference: para 8It relied on a catena of Supreme Court precedents, including Chief General Manager (Telecom) v. Rajendra CH. Bhattacharjee, establishing that courts have limited power to interfere in transfer matters.
Source reference: para 8(1)It relied on Shilpi Bose v. State of Bihar and State of U.P. v. Gobardhan Lal, establishing that courts have limited power to interfere in transfer matters.
Source reference: para 8(11), 8(14)The court noted that ReT appointments are area-specific, designed to provide "doorstep education" in remote regions, and any deviation must be balanced against the educational standards of those regions.
Source reference: para 7Reasoning
The Tribunal noted that while an employee has no inherent right to a specific posting, a genuine grievance may be addressed by the competent authority.
Source reference: para 6The court examined the applicant's claim of medical ailments but observed a concerning "trend" where teachers in Bandipora use medical certificates from the District Medical Board to avoid serving in Gurez.
Source reference: para 12The court reasoned that if such certificates are issued routinely, schools in far-flung areas like Gurez would remain unmanned, depriving students of their Right to Education.
Source reference: para 13Consequently, while the court declined to quash the transfer directly, it determined that the administrative authority—specifically the Director of School Education Kashmir—is better suited than the court to assess the applicant's health suitability and administrative requirements.
Source reference: para 6, 11Holding
The Tribunal disposed of the O.A. by directing the respondents to treat it as a representation.
The Director, School Education Kashmir, was ordered to decide the representation on its merits within three weeks, considering the judgment in Jyoti Gupta v. UT of J&K.
Source reference: para 11The applicant was granted interim relief allowing him to continue at Panzgam for three weeks.
Source reference: para 11The court directed the Director of Health Services, Kashmir, to investigate the District Medical Board, Bandipora, regarding the issuance of medical certificates to teachers and submit a detailed report within 10 days.
Source reference: para 14-15The case was listed for the report on 14.05.2026.
Source reference: para 16Original Court PDF
MUJTABA KHALIL LONEvsEDUCATION
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