The Allahabad High Court struck down Uttar Pradesh’s discriminatory teacher transfer policy

Allahabad High Court (File photo)

Lucknow: In huge relief to thousands of junior primary school teachers in Uttar Pradesh Allahabad High Court The government on Thursday canceled the state’s transfer policy introduced in June this year to maintain the teacher-student ratio in schools. The court’s Lucknow bench struck down the relevant provisions of the government order issued on June 26, 2024, terming them “arbitrary and discriminatory”.
A bench of Justice Manish Mathur passed the verdict allowing 21 writ petitions filed separately by junior teachers including Pushkar Singh Chandel.
The petitioners have argued that under this policy, only junior teachers will be transferred and remain in senior or older schools.
The petitioners filed a petition against Sections 3, 7, 8 and 9 of the government’s order of last June and the subsequent circular of the Department of Basic Education last June saying that the provisions are contrary to the Fundamental Right to Equality and the Right to Education Act. .
Senior advocates HGS Parihar, UN Mishra and Sudeep Seth, appearing for various petitioners, jointly argued that in compliance with the above provisions, only later appointed teachers are transferred in primary schools to maintain the teacher-pupil ratio.
When such a teacher was transferred and appointed to a new primary school, it was said that the teacher had to be re-transferred to maintain the teacher-pupil ratio as his service period was the shortest.Only then the newly appointed teacher is transferred.
It was also argued that the said policy was against the teachers’ service rules.
Opposing the petition on behalf of the state government, it said that the petitioner has no right to challenge the transfer policy. The government has also said that this transfer policy is necessary to maintain the teacher-student ratio under the Right to Education Act.
Delivering the verdict, the court said that no reasonable reason was given in the government’s order dated 072 June 2024 and the circular dated 28 June 2024, which bases the length of service on the said transfer policy.
The court said that if this policy is continued, the junior teachers will be transferred and adjusted every time and the senior teachers will remain where they are.
In the above situation, the court also stated that the transfer policy is not in accordance with Article 14 of the Constitution and is discriminatory.