Poonam Yadav Vs Union of India & Anr.

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$~7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 327/2026, CM APPL. 1572/2026, CM APPL. 1573/2026, CM APPL. 7185/2026

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POONAM YADAV .....Petitioner

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Through: Mr. Jasbir Bidhuri, Advocate for Mr. Shashwat Sharma, Advocate.

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versus

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UNION OF INDIA & ANR. .....Respondents Through: Mr. Rahul Sambher, SPC with Ms. Disha Choudhary, GP for R-1. Mr. Somesh Chandra Jha and Ms. Pyoli, Advocate for R-2.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R

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% 03.02.2026

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The Petitioner is presently working as a PGT (Commerce) at EMRS Padmabil, Khowai, Tripura, under the aegis of the National Education Society for Tribal Students (“ NESTS ”). She has been transferred to EMRS Karanjia, Mayurbhanj, Odisha, by office order dated 26^th December, 2025. Aggrieved thereby, the present writ petition has been filed.

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On the previous date of hearing i.e., 9^th January, 2026, the Court passed the following order:

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“1. The Petitioner is working as a PGT (Commerce) at EMRS Padmabil, Khowai, Tripura, under the National Education Society for Tribal Students.¹

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2. The grievance of the Petitioner arises from the impugned order

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1 “NESTS”

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/02/2026 at 12:53:10

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dated 26^th December, 2025, whereby she has been transferred from her present place of posting at EMRS Padmabil, Khowai, Tripura, to EMRS Karanjia, Mayurbhanj, Odisha.

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3. Counsel for the Petitioner places reliance on Clause 4.6 of the National Education Society for Tribal Students Transfer Policy, 2024, which provides for priority categories and specifically recognises the “Spouse Category” under Clause 4.6(b). Reliance is also placed on SK Nausad Rahaman v. Union of India² in support of the aforesaid submission.

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4. It is submitted that a representation dated 31^st December, 2025, seeking consideration under the said clause, has been made to the Respondents but remains undecided. It is further contended that there is no existing vacancy for the post of PGT (Commerce) at EMRS, Odisha, and therefore no administrative exigency warranting the Petitioner’s transfer.

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5. In any event, counsel for Petitioner, after making some submissions, states that he would confine his prayer to seeking a direction for keeping the impugned transfer order dated 26^th December, 2025, in abeyance till 31^st March, 2026, subject to the outcome of the Petitioner’s representation.

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6. In view of the aforesaid submission, the following directions are issued:

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(i) The Respondents shall consider and decide the Petitioner’s representation dated 31^st December, 2025 and communicate the decision to the Petitioner within a period of two weeks from today.

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(ii) Till the next date of hearing, the impugned transfer order dated 26^th December, 2025, shall remain in abeyance.

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(iii) The Respondents shall not insist upon the Petitioner joining at the transferred place of posting, and the Petitioner shall, for the present, continue to discharge her duties at EMRS Padmabil, Khowai, Tripura.

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7. Issue notice to the Respondents, by all permissible modes, upon filing of process fee, returnable on the next date of hearing.

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8. Renotify on 3^rd February, 2026.

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9. Dasti under the signatures of court master.”

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From the above, it is apparent that the impugned transfer order was kept in abeyance, subject to the outcome of the Petitioner’s representation dated 31^st December, 2025. The Respondents were directed to consider and decide the said representation within a stipulated time.

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Counsel for the Respondents submits that pursuant to the directions of

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2 (2022) 12 SCC 1

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/02/2026 at 12:53:10

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this Court, the Petitioner’s representation has been duly considered and has since been rejected. Consequently, the interim protection granted earlier stood exhausted.

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It is, however, noted that at the time of passing of the order dated 9^th January, 2026, counsel for the Petitioner had expressly undertaken before this Court that the relief would be confined to seeking deferment of the transfer order till 31^st March, 2026. 6. On the other hand, counsel for the Respondents submits that EMRS Karanjia, Mayurbhanj, Odisha has formally requisitioned the posting of one PGT (Commerce) teacher for the commencement of the commerce stream. It is contended that in the absence of a qualified faculty member, the proposed academic programme would not be operationalized due to a non-availability of a qualified faculty. It is further submitted that the academic session is scheduled to commence from 1^st April, 2026, and therefore, the Petitioner must report in time.

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The Court has considered the aforenoted submissions. The scope of the present petition stands circumscribed by the statement and undertaking recorded in the order dated 9^th January, 2026 on behalf of the Petitioner. Moreover, the Court cannot lose sight of the fact that the academic session at EMRS Karanjia, Mayurbhanj, Odisha is scheduled to commence in April 2026, and that deployment of faculty prior thereto is essential to ensure smooth and effective commencement of academic activities.

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8 Balancing the equities and taking into account the aforesaid circumstances, the Court is of the considered opinion that a limited extension of the interim arrangement would sufficiently safeguard the interests of both sides.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/02/2026 at 12:53:10

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Accordingly, the impugned transfer order dated 26^th December, 2025 shall remain in abeyance till 20^th March, 2026. The Petitioner shall report for duty at EMRS Karanjia, Mayurbhanj, Odisha on 21^st March, 2026.

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With the above directions, the petition is disposed of, along with the pending applications.

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SANJEEV NARULA, J

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FEBRUARY 3, 2026 nk

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/02/2026 at 12:53:10

Poonam Yadav v. Union of India & Anr.

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Poonam Yadav v. Union of India & Anr.

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