HC sets aside transfer policy for junior teachers

Giving relief to thousands of junior teachers of primary schools of the state government, the Lucknow bench of the Allahabad high court on Thursday set aside the transfer policy for teachers of the basic education department, terming it as “arbitrary and discriminatory.”

Justice Manish Mathur passed the order on Thursday on a writ petition of Pushkar Singh Chandel and others.

The state government had enforced the policy on June 26 through a government order to maintain the teacher-pupil ratio in primary schools of the basic education department.

Cancelling the department’s “last come first out” transfer policy, the court quashed relevant provisions of the state government’s order of June 26, 2024 and the basic education department’s circular of June 28, 2024.

The court termed some provisions of the government order as contradictory to the fundamental right to equality and the Right to Education Act.

The petitioners had challenged clauses 3, 7, 8 and 9 of the June 26 government order and subsequent June 28 circular of the Basic Education Department, pleading that the said provisions are contrary to the fundamental right to equality as well as the Right to Education Act.

According to the transfer policy of the state government, to maintain the teacher-student ratio in the primary school, only that teacher was being transferred who was most junior.

“A junior teacher is transferred when the teacher-student ratio deteriorates in the school. This teacher is transferred again from the new school, due to his service period being the shortest, when the teacher-student ratio deteriorates,” said senior advocate HGS Parihar, who appeared on behalf of the petitioners.

“Senior and old teachers are not transferred through this formula (transfer policy),” Parihar added.

The transfer policy is discriminatory and not in accordance with Article 14 of the Constitution, said the court.

Under this policy, only junior teachers will be adjusted through transfer and the senior will remain where he is, added the court.

“It is evident that the impugned clauses of the Government Order dated 26.06.2024 and the Circular dated 28.06.2024 are manifestly arbitrary and, therefore, the Clauses 3, 7, 8 and 9 of the aforesaid Government Order and Circular are hereby quashed,” said the court.

The court also said that no reasonable reason has been given in the government order of June 26, 2024 and the circular of June 28, 2024 to justify making the length of service the basis in the said transfer policy.