Transfer | Bipolar Disorder Alone Doesn't Qualify Under Medical Disability Clause Without Benchmark Disability: Delhi High Court

The Delhi High Court, while upholding the transfer of a Kendriya Vidyalaya Sangathan (KVS) teacher, has held that bipolar disorder, in the absence of certification of benchmark disability, does not qualify under the medical disability clause of the applicable transfer policy.A Division Bench of Justices Anil Kshetarpal and Amit Mahajan thus dismissed a writ petition challenging the Central Administrative Tribunal's order which had declined to interfere with the petitioner's transfer from Delhi to Kendriya Vidyalaya, Babugarh Cantt.The petitioner, a Primary Teacher with KVS, had sought modification of her transfer on the ground that she suffers from Bipolar Affective Disorder and requires continuous medical treatment along with family support. She contended that the authorities failed to provide reasonable accommodation as mandated under the Rights of Persons with Disabilities Act, 2016.However, the High Court noted that the applicable Transfer Policy dated June 30, 2023 recognizes medical grounds only in specific cases, including “any other disease with more than 50% mental disability.” The Court observed that while the petitioner had placed on record medical documents indicating treatment for bipolar disorder, there was no certification demonstrating that she suffered from mental disability to the extent required under the policy.“While the Petitioner has relied upon a medical certificate indicating that she is undergoing treatment for Bipolar Affective Disorder, the material on record does not establish that she suffers from a benchmark disability or otherwise satisfies the threshold contemplated either under the applicable Transfer Policy or for invoking specific statutory entitlements in the factual context of the present case.”In this backdrop, the Court held that the conclusion of the authorities and the Tribunal that the petitioner's case did not fall within the Medical Disability Ground category, could not be termed arbitrary or perverse.Addressing the argument on reasonable accommodation, the Court reiterated that while the State is obligated to adopt a sensitive approach towards persons with disabilities, such claims must be supported by a factual foundation establishing eligibility under the relevant statutory or policy framework.The Court further emphasised that transfer is an incident of service and an employee holding a transferable post cannot claim, as a matter of right, to be posted at a particular place.“The mere fact that the Petitioner was not accommodated at one of her preferred stations does not, by itself, render the transfer illegal or arbitrary,” it added and dismissed the petition.Appearance: Mr. R.V. Sinha, Mr. AS Singh and Ms. Shriya Sharma, Advocates for Petitioner; Mr. S. Rajappa, Mr. R. Gowrishankar and Ms. G. Dhivyasri, Advocates for RespondentsCase title: Ms Shalu Pruthi v. KVSCitation: 2026 LiveLaw (Del) 308Case no.: W.P.(C) 3022/2026Click here to read order

Transfer | Bipolar Disorder Alone Doesn't Qualify Under Medical Disability Clause Without Benchmark Disability: Delhi High Court

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Transfer | Bipolar Disorder Alone Doesn't Qualify Under Medical Disability Clause Without Benchmark Disability: Delhi High Court

LIVELAW NEWS NETWORK

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers