Bharat Express

High Court: Teachers do not have right to work in desired districts

Transfer policy is a public welfare state policy and it is not possible to interfere in it in the absence of any arbitrary or illegal decision.The decision of not doing inter-district transfer in the districts which have more number of teachers in relation to the sanctioned posts is correct.

PRAYAGRAJ

Allahabad High Court has rejected the petitions filed by a teacher demanding inter-district transfer. The court  held that  that under the transfer policy of the Basic Education Council, the decision of not doing inter-district transfer in the districts which have more number of teachers in relation to the sanctioned posts is correct. Teachers do not have the right to work in the districts of their choice.

The above said order was passed by Mr Justice Saurabh Shyam Shamsheri while hearing 57 petitions including Rachna together and dismissing them. On behalf of Basic Education Council advocate  Archana Singh pleaded the matter.In the petitions, clause four of the inter district transfer policy announced on June 2, 2023 was challenged.

According to this clause, inter-district transfer will be done to a maximum limit of 10 percent of the number of teachers working in the district till April 30, 2023, against the sanctioned posts.The maximum limit for teachers coming and going after being transferred from a district will be 10 percent.

Also, the government decided in relation to some districts where more teachers were working than the sanctioned number, that teachers working in those districts can be transferred to other districts, but no teachers from other districts can be transferred to those districts. .