HC sets aside policy on mutual transfer of basic school teachers

LUCKNOW: The Lucknow bench of the Allahabad high court has set aside the state government’s policy on adjustment/mutual transfer of basic school teachers, terming it faulty.

The court said the policy shall not fulfil the scope to provide free and compulsory education to children. The court also said the policy was contrary to the Right of Children to Free and Compulsory Education Act, 2009 and the rules of 2010.

The court quashed the concerned government order dated 20.07.2018 and the circular dated 16.08.3018, terming them contrary to the said Act, rules and arbitrary in nature.

It also quashed all of the orders of transfer/adjustment of teachers, which were under challenge in a bunch of writ petitions.

The court said the state government, if desirous to frame a policy with regard to the transfer/adjustment of the teachers of junior basic schools and senior basic schools, was at liberty to frame a fresh policy in consonance with the provisions contained in the said act and rules, and the UP Basic Education (Teachers) Service Rules, 1981. Justice Irshad Ali pronounced the judgment, allowing a bunch of writ petitions filed by hundreds of basic school assistant teachers of state-run junior and senior basic schools managed by the board of basic education. The petitioners challenged the said government order and circular, seeking directions to quash the list of the teachers, if any, prepared by the respondents for adjusting them in other

schools. The state government had issued a government order on July 20, framing a policy for adjustment/ mutual transfer of teachers.

Thereafter, a circular was also issued on August 16 in this regard. Assailing the GO, circular and the orders passed for adjustment of the petitioners, these petitions were filed.

On the other hand, the state counsel and the counsel for the basic education board and district basic education officers of the districts concerned had submitted that there was no illegality in the said GO and circular. It was a just and valid proceeding, they added.

Setting aside the state government’s policy, the court observed: “The state government, while framing a policy would have taken care of students, who are getting education of the elementary level and the interest of the teachers comes thereafter. Therefore, the analogy drawn in issuing the government order is in violation of the Act of 2009 and rules framed thereunder.”