Uttarakhand High Court
WPSB/503/2026 of DR KUNWAR SINGH Vs SECRETARY HIGHER EDUCATION on 4 August 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 04th August, 2026 WRIT PETITION (S/B) NO. 503 of 2026 Dr. Kunwar Singh ------Petitioner Versus Secretary Higher Education and Others
UKHC010134842026
2026:UHC:6794-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA
AND
THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY
04th August, 2026
WRIT PETITION (S/B) NO. 503 of 2026
Dr. Kunwar Singh
------Petitioner
Versus
Secretary Higher Education and Others
----Respondents
Presence:-
Mr. S.S. Yadav, learned counsel for the petitioner.
Mr. B.P.S. Mer, learned Standing Counsel with Mr. M.S. Bisht, learned Brief Holder for the State.
------------------------------------------------------------------------------- JUDGMENT: (per Manoj Kumar Gupta, C.J.)
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1. The present writ petition has been filed assailing the order of transfer of the petitioner dated 09.06.2026 from Government Degree College, Doiwala, District Dehradun to Government Degree College, Dharkot/Dhatiur, District Tehri Garhwal and Clause 6 of the instructions/ circular dated 18.04.2026, which excludes contractual services rendered by the teacher from consideration while computing the length of service under the Transfer Act, 2017.
2. The initial appointment of the petitioner was as a Guest Lecturer/ Assistant Professor on contractual basis. It was followed by regularization of his services on 30.12.2016. Vide Clause 6 of the circular dated 18.04.2026, the contractual services rendered by a teacher prior to regularization has been excluded from consideration while computing the length of service at remote places and according to the petitioner, it is on account of the said reason that he came to be transferred, by the impugned order, to a
UKHC010134842026
2026:UHC:6794-DB remote place.
3. The transfer was effected almost two months back and the petitioner must have joined by now. When we confronted learned counsel for the petitioner with the said aspect, he admitted that the petitioner had joined the transferred place. However, he submitted that on account of Clause 6 of circular dated 18.04.2026, the respondents would again prevent the petitioner from seeking transfer to an accessible place in the next year.
4. As it is not disputed before us that transfer order was passed long back and the petitioner has joined at the transferred place, therefore, we are not inclined to interfere with the transfer order. At the same time, we keep the right of the petitioner to challenge the circular dated 18.04.2026 intact, in case, in future he is prevented from exercising his option to seek transfer to an accessible area on basis of the same.
5. Subject to the above, writ petition is dismissed.
6. Pending application, if any, also stands disposed of.
(MANOJ KUMAR GUPTA, C.J.)
(SUBHASH UPADHYAY, J.) Dated: 04.08.2026 KKS/PP