Cuttack: Disapproving of political intervention in administrative decisions, the Orissa High Court on Thursday quashed the letter issued by state government empowering MPs and MLAs to recommend transfer of schoolteachers.
The High Court ruled that political intervention cannot determine administrative decisions in the education sector. The government circular had permitted elected representatives to influence transfers of 15 teachers and teaching staff.
As per information, the state government’s letter empowered MLAs and MPs to recommend transfer of teachers under a special quota of 15 cases. This communication was challenged before the High Court earlier this year on the ground that transfer decisions are part of administrative service rules and not subject to political discretion.
Observing that the government’s letter amounted to undue political interference in academic administration, the HC said transfer procedures must be carried out exclusively by authorities appointed under education service norms. The court held that teacher postings cannot be influenced by external recommendations from MPs or MLAs.
The HC bench stated that vesting elected representatives with discretionary authority over teacher postings creates a situation where political considerations may affect school administration. Such instructions ‘cannot be accepted’ within lawful governance of public education, as transfer processes must remain confined to administrative bodies responsible for applying uniform rules, the Court held.
It said teacher transfers must follow established statutory procedures applicable to all teaching staff and should not be based on individual recommendations made by public representatives.
Earlier, the High Court had in July this year issued an interim stay on the transfer of two teachers in Kalahandi district after petitions were filed challenging the government’s policy.
The petitioners, including R. Tripathi and others, argued that the state’s May 13 directive authorising legislators to recommend transfers was arbitrary and beyond the government’s powers. The petitioners stated that transfers based on political recommendations undermined fairness and transparency.
