Allahabad High Court Gives Relief To Thousands Of Teachers In Uttar Pradesh In Transfer Case
The Allahabad High Court provided relief to thousands of junior primary school teachers in Uttar Pradesh invalidating the state’s teacher transfer policy. The UP teacher transfer policy was introduced in June this year. It aimed to maintain the teacher-student ratio in schools. The Lucknow bench of the court overturned the provisions of the government orders dated June 26, 2024, by calling it ‘arbitrary and discriminatory’.
A bench headed by Manish Mathur passed the verdict allowing around 21 writ petitions filed separately by junior teachers. The petitioners argued that the policy was discriminatory as only the junior teachers were transferred while the senior or old teachers remained in schools.
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The petitioners challenged clauses 3, 7, 8, and 9 of the June 26 order and June 28 circular of the Basic Education Department, pleading that the provisions are contrary to the fundamental right of equality as well as the Right to Education Act. The petitioners argued that to comply with the policy only teachers who were later appointed in primary schools are transferred to maintain the teacher-student ratio.
While the state government argued that the petitioners had no right to challenge the transfer policy. The govt said that this transfer policy is necessary to maintain the teacher-student ratio under the Right to Education Act.
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The court said that no reasonable reason was given under the order of June 26, 2024, and the circular of June 28, to justify the making of length of service the basis for transfer policy. If the policy continues, the junior teacher will be adjusted through transfer and the senior will always remain where he is.
The court found the policy discriminatory and in contravention of Article 14 of the Constitution.
