In a recent ruling, the Allahabad High Court has affirmed the validity of the Uttar Pradesh Government's transfer policy for assistant teachers working in Basic Education Institutions under the Basic Education Board.
The Court presided over by Justice Ashwani Kumar Mishra and Justice Ashutosh Srivastava, determined that the policy does not violate constitutional parameters or infringe upon constitutional values.
Brief Facts:
A Writ Petition was filed by two assistant teachers who contested Clause 1 and 15 of the Government Order issued on June 2, 2023, along with a consequential circular issued by the Secretary of the Board of Basic Education on June 8.
Contentions of the Petitioners:
Firstly it was argued that teachers who want to transfer by mutual consent should not be excluded when applications are invited for the transfer of Assistant Teachers. Second, it was contested that the requirement for male teachers to have five years of service before applying for transfer was unfair and discriminatory. It was also pointed out that the Rules of 2008 do not govern teacher transfers, and since Rule 21 of the Rules of 1981 does not have such a restriction, the five-year service requirement was unnecessary and unfair.
Contentions of the Respondent:
It was argued that Petitioners can't claim transfer as a guaranteed right. It was explained that the online transfer portal hasn't been extended to mutual transfers due to technical issues but assures that the process will begin soon.
Observations by the Court:
The High Court upheld the clause and stated that it served the specific purpose of discouraging immediate transfer requests, ensuring teachers fulfil their responsibilities in their assigned cadres. The Court emphasized that transfer is not an entitlement but a matter subject to the State/Board's discretion and the imposition of a uniform criteria/process for such requests is justified.
It was further noted that the policy did not contravene any provision of the statute or constitutional scheme. It explained that teachers' primary role is to impart quality education to students, and the requirement to serve a minimum period in their current cadre before seeking transfer was a reasonable measure to deter frequent relocation requests.
Addressing the Petitioners' plea for mutual transfers to be considered without imposing a minimum length of service, the Bench acknowledged that the Government Order of June 2 allowed for inter-district transfers and mutual transfers. The Board clarified that technical issues delayed the initiation of the online process for mutual transfers but assured the Court that it would be initiated shortly. Satisfied with this response, the Court held that the Petitioners' concerns on this matter were adequately addressed.
It was concluded that the policy did not violate constitutional parameters or values. It further clarified that exceptional circumstances could warrant the waiver of the minimum length of service requirement, subject to the Board's satisfaction. It was also emphasized that factors such as the age of grandparents could not be considered exceptional circumstances for transfer, and the Board should assess such cases on an individual basis.
As a result, the Allahabad High Court dismissed the writ petition challenging Clauses 1 and 15 of the Government Order and the circular. It directed the Board to open the online portal for mutual transfers within six weeks, allowing eligible teachers to submit their claims. The Bench upheld the condition in the policy, which mandates a minimum length of service of five years for male teachers and two years for female teachers before seeking a transfer.
The decision of the Court:
Accordingly, the writ petition was dismissed.
Case Name: Kul Bhushan Mishra And Another vs. State Of U.P. And 4 Others
Coram: Hon’ble Justice Ashwani Kumar Mishra, Hon’ble Justice Ashutosh Srivastava
Case No.: WRIT - A No. - 10209 of 2023
Advocate of the Petitioner: Adv. Satyendra Chandra Tripathi
Advocates of the Respondent: Advs. Bipin Bihari Pandey, Archana Singh
Read Order @LatestLaws.com:
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