Odisha HC quashes govt order allowing MLAs, MPs to recommend transfer of school teachers

BHUBANESWAR: The Odisha High Court on Thursday quashed a state government order allowing MLAs and MPs to recommend transfer of school teachers, and stated that political interference or affinity in the campus is not desirable.

The court said that nothing has been stated in the order issued by the School and Mass Education Department under what authority it has been issued, to claim legal efficacy. In a circular issued on May 13 this year, the Odisha government had said the MPs and MLAs can recommend up to 15 most deserving cases of transfer of teachers belonging to elementary and secondary schools in their constituencies.

This provision is a one-time measure, which is applicable only for the current educational year. Hearing petitions filed by 24 teachers challenging the order, Justice Dixit Krishna Shripad said, “Political interference or affinity in the campus is not desirable in general and in the matters of transfer of teachers, in particular. An argument to the contrary will have pollution-potential.”

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Teachers should maintain distance from political parties: Court

“Impugned letter of the kind, which provides for MPs/MLAs recommending transfer of teachers, has the potential of creating a seamless nexus between the political parties/candidates and the community of teachers. One needs no research to visualise the fruits of poisonous tree that would grow on the soil of such a nexus,” observed the court.

The court also observed that the teachers have to maintain a safe distance from political parties & elected representatives. Citing an essay of political philosopher Hannah Arendt of New York, the court, in its judgment, mentioned, “Education can play no part in politics, because in politics, we always have to deal with those who are already educated.”

While quashing the government order, the court said the teachers who have already reported for duty at the transferred places will continue till the end of the current academic year, so that the students would not face any hardship.

They will be back to their previous place of posting within one week after completion of the academic year 2025-26, according to the judgment. However, the verdict will not come in the way of a fresh transfer process being undertaken in terms of the extant transfer guidelines, said the court.