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Uttarakhand High Court
9Th February vs State Of Uttarakhand & Others on 19 February, 2026
2026:UHC:1114-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA
AND
HON'BLE SRI JUSTICE ALOK MAHRA
WRIT PETITION (S/B) NO. 81 OF 2026
19TH FEBRUARY, 2026
Girdhar Singh Bisht ...... Petitioner
Versus
State of Uttarakhand & others ...... Respondents
Counsel for the petitioner : Mr. Abhijay Negi, learned counsel
Counsel for the respondents : Mr. Gajendra Tripathi, learned
Standing Counsel for the State
: Mr. Tanmay Tiwari, learned counsel
holding brief of Ms. Devika Tiwari,
learned counsel for respondent No. 3
The Court made the following:
JUDGMENT:
(per Sri Manoj Kumar Gupta, C.J.)
1) The petitioner by means of instant writ petition
has assailed the order dated 02.02.2026, issued by the
Director General, Medical Health and Family Welfare,
Dehradun. By the said order the petitioner has been
promoted to the post of Senior Administrative Officer and
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has been posted in the Office of Chief Medical Officer,
Chamoli.
2) The case of the petitioner is that he is suffering
from a medical condition known as "Post Embolisation of
Right Choroidal AVM", which is a disease of a serious
nature and, therefore, the petitioner would fall under the
definition of 'serious patient' as defined in Section 3(d) of
the Uttarakhand Transfer Act, 2017.
3) For ready reference, Section 3(d) is reproduced
below :
"3(d) "Serious Patient" means the spouse and
family (which includes the children of the age up to
18 years and parents) of any employee suffering
from a serious disease and it includes Cancer, Blood
Cancer, AIDS / HIV (positive), Heart disease
(Having Bypass surgery or Angioplasty done),
Kidney disease (dependent on the dialyses due to
failure of both the kidneys or kidney transplanted or
one kidney removed), Tuberculosis (both the lungs
infected or one lung fully damaged), SARS (third
stage), epilepsy, mental disease and any such other
disease for which State Medical Board doesn't
recommend for posting in any particular place /
area and the committee constituted under section
27 of the Act given its approval thereon."
4) In support of the contention, the petitioner
placed reliance on a certificate issued by the State Medical
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Board along with covering letter dated 10.02.2026. It
states that upon examination it has been found that the
petitioner is 'a case of Right Chorodial Arteris Venous
malfunction (Reptured) Endovascular Embolisation, again
DSA and embolgal on 23/04/25, only 30-40% of AVM is
embolised, on medication patient needs life time follow up
and treatment by Neuro surgeon and avoid exertion
also.".
5) Learned State counsel has placed on record the
instructions received from respondent No. 2. Therein the
stand taken is that the medical condition from which the
petitioner is stated to be suffering would not bring his
case within the ambit of Section 3(d) of the Transfer Act,
2017.
6) The certificate issued by the State Medical Board
does not mention that the medical condition from which
the petitioner is suffering would not warrant his posting in
any particular place / area, on the other hand, it only
mentions that the petitioner should avoid exertion.
7) Learned counsel for the petitioner submits that
the aforesaid recital in the certificate issued by the
Medical Board should be construed as a recommendation
for not posting him at high altitude. However, we are
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unable to accept the submission. The opinion as
expressed by the State Medical Board in the certificate in
question would not bring the case of the petitioner within
the ambit of Section 3(d).
8) Learned counsel for the petitioner submits that
the petitioner should not be put to prejudice because of
the vague recommendation of the State Medical Board.
He submits that in Writ Petition (S/B) No. 268 of 2025,
Shankar Bora Vs State of Uttarakhand and others, this
Court had directed the State Medical Board to ensure that
the certificates issued by it are in consonance with the
provisions of Section 3 of the Transfer Act, 2017. The
relevant radiological reports and other diagnosis and
medical records should be annexed with the certificate to
demonstrate that on what basis the opinion was formed.
He submits that in the instant case the State Medical
Board has also not complied with the directions issued in
the said writ petition. He submits that the petitioner is
ready to present himself for re-examination by the State
Medical Board on any date as may be filed by this Court
and prays that the State Medical Board be directed to re-
examine the petitioner and give certificate in consonance
with the provisions of Section 3 of the Act.
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9) Having regard to the fact that the petitioner is
claiming that he is serious patient, but the certificate
issued is vague, we are of the opinion that interest of
justice would be served in directing the State Medical
Board to re-examine the petitioner and furnish certificate
along with relevant medical records and radiological
reports or any other report as the State Medical Board
deems appropriate. The said examination should be
completed by the State Medical Board within two days of
the petitioner appearing before it.
10) Accordingly, the writ petition is disposed of by
providing that the petitioner may appear before the
Director General, State Medical Board, Uttarakhand,
Dehradun along with true copy of the instant order within
ten days from today. In such event, he will constitute the
Medical Board and ensure re-examination of the petitioner
by the Medical Board within two days. The Medical Board
will furnish certificate to the petitioner keeping in mind the
provisions of Section 3 of the Uttarakhand Transfer Act,
2017.
11) In case the petitioner is found to be serious
patient upon re-examination, it shall be open to the
petitioner to apply before respondent No. 2 for
modification of the order of posting, and respondent No. 2
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will take appropriate decision based on the certification
expeditiously, preferably within next two weeks.
12) Writ petition stands ordered accordingly.
13) Pending application(s), if any, also stand
disposed of.
_______________________
MANOJ KUMAR GUPTA, C.J.
___________
ALOK MAHRA, J.
Dt: 19TH FEBRUARY, 2026
Negi
HIMANS
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, postalCode=263001, st=UTTARAKHAND,
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Date: 2026.02.19 18:00:56 +05'30'
