Why Bihar government’s transfer policy for teachers was challenged in court

What was the Bihar government’s transfer policy for teachers?

The transfer policy was introduced in a bid to improve the quality of education in the state, as most teachers in recent years have been working in their home districts. It applied to all the teachers appointed through the BPSC or those recruited through Panchayati Raj Institutions (PRIs) and urban local bodies and having cleared the relevant competency (sakshamta) test, a PTI report said.

Teachers were required to provide choices relating to their transfer in order of preference by November 22, through the education department’s online portal. Of the state’s 5.25 lakh teachers, about 1.75 lakh are “Vishistha” or exclusive teachers who have the status of “state employee” (thus entitled to gratuity, provident fund and pension benefits).

Another 1.8 lakh teachers were selected through Teachers Recruitment Exam-I (TRE-I) and TRE-II, conducted by the BPSC.

The CM said the policy did not apply to teachers appointed by local municipal bodies, known as non-commissioned or “Niyojit” teachers, who did not pass the competency test for employment as government school teachers. Numbering around 1.5 lakh, CM Nitish Kumar said that due to the acute shortage of teachers at the time, these teachers were appointed through panchayat and municipal bodies in 2006-07. They had not been transferred since then and most were posted in their home districts.

Why did the teachers’ associations challenge the policy?

Among other provisions, the policy provided that while a woman teacher could opt for any panchayat other than her home panchayat, a male teacher had to opt for any sub-division in any district in Bihar other than his home sub-division. The teachers’ associations found it “highly discriminatory” and argued that since eight of Bihar’s 38 districts had only one sub-division, it could mean those teachers transferring out of their home districts.

Second, the size of sub-divisions is not uniform and hence, teachers of one big sub-division might not get the preferred choice. The court of Justice Prabhat Kunar Singh stayed the mass transfer decision on the pleas of 13 teachers and directed the state government to reply within six weeks. The matter will be heard on January 21, 2025.

How did the state government react to the HC’s stay order?

Bihar education minister Sunil Kumar told reporters on Tuesday that the policy had several flaws. He said the government would bring in a new policy after conducting all five ability tests (of which two have already been conducted), passing which would give niyojit teachers the status of “state employee” as well.

Earlier in 2023, Kumar said they should be treated on par with vishishtha teachers after passing the tests. At the moment, they do not get pensions and do not have pay parity with BPSC and teachers appointed before 2006. The Bihar government distributed appointment letters to 1.14 lakh vishishtha teachers who cleared the first round of the test on Wednesday.