Delhi High Court Upholds KVS Teacher’s Transfer, Says Bipolar Disorder Without Benchmark Disability Not Covered

The Delhi High Court has upheld the transfer of a teacher employed with the Kendriya Vidyalaya Sangathan, holding that bipolar disorder, in the absence of certification as a benchmark disability, does not qualify for protection under the medical disability clause of the applicable transfer policy.

A division bench comprising Justice Anil Kshetarpal and Justice Amit Mahajan dismissed a writ petition challenging an order of the Central Administrative Tribunal, which had earlier declined to interfere with the petitioner’s transfer from Delhi to Kendriya Vidyalaya, Babugarh Cantt.

“The Tribunal has taken into consideration the relevant aspects, including the medical condition of the Petitioner, the applicable policy, and the settled principles governing transfer, and has arrived at a conclusion which cannot be said to suffer from any illegality, perversity or jurisdictional error”, court ruled.

The petitioner, serving as a Primary Teacher, had sought modification of her transfer on the ground that she suffers from Bipolar Affective Disorder and requires continuous medical care along with family support. She argued that the authorities failed to extend reasonable accommodation as envisaged under the Rights of Persons with Disabilities Act, 2016.

However, the high court examined the applicable transfer policy dated June 30, 2023, and noted that medical grounds are recognized only in specific circumstances. These include cases involving severe ailments or “any other disease with more than 50% mental disability.”

Court found that while the petitioner had produced medical documents indicating that she was undergoing treatment for bipolar disorder, there was no certification to show that her condition met the threshold of benchmark disability as required under the policy or relevant statutory framework.

“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”, court ruled.

In light of this, court held that the findings of the authorities and the Tribunal could not be said to be arbitrary or legally unsustainable. It observed that the absence of a qualifying disability certification was a decisive factor in determining the inapplicability of the medical disability ground.

Addressing the plea for reasonable accommodation, court reiterated that while the State and its instrumentalities are expected to adopt a humane and sensitive approach towards persons with medical conditions and disabilities, such claims must be substantiated by clear evidence demonstrating eligibility under the governing law or policy.

The bench clarified that the principle of reasonable accommodation cannot be invoked in the abstract and must operate within the contours of the statutory scheme. In the present case, the petitioner had not established that her condition met the criteria required to trigger such

Court also reaffirmed the well settled principle that transfer is an incident of service. It observed that an employee holding a transferable post cannot insist on being posted at a particular station as a matter of right, unless the transfer is shown to be vitiated by mala fides or is in violation of statutory provisions.

“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,” court noted.

Accordingly, finding no infirmity in the decision of the Tribunal or the action of the authorities, the high court dismissed the writ petition.

Case Title: Ms. Shalu Pruthi vs Kendriya Vidyalaya Sangathan and Anr

Bench: Justice Anil Kshetarpal and Justice Amit Mahajan

Date of Judgement: 25.03.2026