Relief to junior teachers of primary schools as Allahabad HC sets aside transfer policy

NEW DELHI: In a relief to thousands of junior teachers of primary schools in Uttar Pradesh, the Allahabad High Court on Thursday set aside the government's transfer policy brought in June this year to maintain the teacher-pupil ratio in these schools. The Lucknow bench of high court quashed the relevant provisions of the government order issued on June 26, 2024, terming them to be "arbitrary and discriminatory".

A bench of Justice Manish Mathur passed the verdict, allowing as many as 21 writ petitions filed separately by junior teachers including Pushkar Singh Chandel.

The petitioners argued that under this policy, only junior teachers are transferred while those who are senior or old remain in their schools.

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. Senior advocates H G S Parihar, U N Mishra and Sudeep Seth, appearing on behalf of different petitioners, jointly argued that in compliance of the above provisions, only the teacher who is later appointed in a primary school is transferred to maintain the teacher-student ratio.

Court Deems Transfer Policy "Arbitrary and Discriminatory"

It was said that when such a teacher is appointed in a new primary school after transfer, there also, due to his service period being the shortest, if there is a need to transfer a teacher again to maintain the teacher-pupil ratio, then only the newly appointed teacher is transferred. It was also argued that the said policy is against the service rules of teachers. While opposing the petitions on behalf of the state government, it was said that the petitioners have no right to challenge the transfer policy.

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The government also said that this transfer policy is necessary to maintain the teacher-student ratio under the Right to Education Act. Delivering its judgment, the court 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.

The court said that if this policy is continued, every time the junior teacher would be adjusted through transfer and the senior will always remain where he is. The court further said that in the above circumstances, it is found that the said transfer policy is discriminatory and not in accordance with Article 14 of the Constitution.