SHAYRA KHAN Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (S/S) No.2036 of 2018 dated 13.11.2018, whereby the writ petition filed by the petitioner, questioning her transfer from Govt. Primary School, Ajabpur Kalan, Raipur, Dehradun district to Govt. Upper Primary School, Chakrata, District Dehradun, was dismissed. The learned Single Judge dismissed the writ petition on the ground that there was nothing improper in the transfer order, as the petitioner had been transferred and posted in the same district i.e. Dehradun.

(2.) It is no doubt true that the learned Single Judge has not dealt with the contentions urged on behalf of the petitioner in the order under appeal. The fact, however, remains that the order under challenge is an order of transfer, and unless such a transfer is prohibited by the provisions of the Uttarakhand Public Servants Annual Transfer Act, 2017, any order of transfer, passed in administrative exigencies, would not necessitate interference by the High Court in proceedings under Article 226 of the Constitution of India.

(3.) Ordinarily, this Court would not examine contentions, which have not been considered in the order under appeal, in an intra-court appeal. We have only examined the contentions now urged before us, by Mr. Subhash Upadhyaya, learned Counsel for the appellant-writ petitioner, only to show that the conclusions of learned Single Judge are justified even if these contentions are taken into consideration.