Allahabad HC Upholds Basic School Transfer Policy Of The UP Government

Prayagraj, June 18 (TNA) In an important decision, the Allahabad High Court has upheld the transfer policy issued by the state government on June 2, 2023 for teachers of basic schools. The court has said that teachers cannot demand transfers as a matter of right. This order was given by the division bench of Justice Ashwani Kumar Mishra and Justice Ashutosh Srivastava while rejecting the petition of Kulbhushan Mishra and others.

In addition to clauses one and 15 of the mandate issued on June 2, 2023, the circular issued on June 6, 2023 was also challenged in the petition and demanded to be canceled. The petitioners said that the requirement of five years of service in the transfer policy should be cancelled.

Also, they should be transferred under the provisions made in accordance with Rule 21 of the UP Basic Education Teacher Service Rules, 1981. Opposing the petition, advocate Archana Singh, on behalf of the Basic Education Council, said that according to the Supreme Court's decision in the SK Naushad Rehman case, no teacher can demand transfer as a matter of right.

It was said that there is no flaw or flaw in the transfer policy of June 2, 2023 issued for teachers. On behalf of the board, the court was assured that the online application for interstate transfer would be accepted soon and the claims of assistant teachers would be considered.

After the board's assurance, the High Court said that the board should start the online portal for mutual transfers of teachers at the earliest in six weeks and the applications of teachers found suitable should be considered as per the law.

Challenging the provision of the mandate, the teachers had demanded cancellation in which there is a condition that transfer application will be considered after five years of service for men and two years for women in normal situation. The petitioner was appointed by the District Basic Education Officer Kaushambi on March 10, 2019 and he is posted in Nevada development block of Kaushambi. The appointment of petitioner number two is in Block Dhanupur Prayagraj as a teacher.