Introduction
The Delhi High Court has clarified an important aspect of service law and disability rights. The Court ruled that a medical condition like bipolar disorder does not automatically qualify as a disability under transfer policies unless it meets the prescribed benchmark criteria. This decision reinforces the principle that employees must satisfy specific policy thresholds to claim relief on medical grounds.
Case Title and Date
Case: Ms Shalu Pruthi v. Kendriya Vidyalaya Sangathan (KVS)
Case No.: W.P.(C) 3022/2026
Date of Judgment: 2026
Bench
The judgment was delivered by a Division Bench comprising Justice Anil Kshetarpal and Justice Amit Mahajan.
Legal Issue
The issue before the Court was whether a teacher suffering from bipolar affective disorder could claim protection under the medical disability clause of the transfer policy without certification of a benchmark disability. The case also examined whether the authorities failed to provide reasonable accommodation under the Rights of Persons with Disabilities Act, 2016.
Background
The petitioner, a Primary Teacher employed by Kendriya Vidyalaya Sangathan, challenged her transfer from Delhi to Kendriya Vidyalaya, Babugarh Cantt. She argued that she suffers from bipolar affective disorder and requires continuous medical care along with family support. She requested modification of her transfer order on medical grounds. She also claimed that the authorities failed to extend reasonable accommodation as required under disability law. Earlier, the Central Administrative Tribunal had refused to interfere with the transfer. The petitioner then approached the High Court through a writ petition. The applicable KVS Transfer Policy dated June 30, 2023 allows consideration of medical grounds only in specific cases. These include conditions where a person suffers from more than 50% mental disability or meets other defined criteria. The petitioner submitted medical records showing treatment for bipolar disorder. However, she did not produce any certificate proving that her condition met the benchmark disability threshold under the policy.
Verdict
The Delhi High Court upheld the transfer and dismissed the writ petition. The Court held that the petitioner failed to establish that she suffered from a benchmark disability as required under the transfer policy. It noted that medical records alone were not sufficient without proper certification indicating the extent of disability. The Bench observed that the decision of the authorities and the Tribunal was neither arbitrary nor perverse. It found no legal basis to interfere with the transfer order. On the issue of reasonable accommodation, the Court stated that such claims must be supported by clear evidence showing eligibility under the law and applicable policies. The Court also reiterated a settled principle of service law: transfer is an incident of service. An employee in a transferable post cannot claim a right to remain posted at a particular location. It added that denial of a preferred posting does not make a transfer illegal.
Implications
This judgment sets a clear precedent for service and disability-related claims. Employees seeking relief under medical or disability grounds must provide valid certification proving benchmark disability as defined by law or policy. The ruling also highlights that courts will not interfere with transfer decisions unless they are arbitrary, illegal, or violate established rules. For government employees, especially those in transferable roles like KVS teachers, this decision underscores the importance of meeting strict policy requirements when seeking exemptions. The judgment balances administrative discretion with statutory protections. It also clarifies that while sensitivity toward medical conditions is necessary, legal entitlements depend on documented eligibility.
