MPs, MLAs can no longer recommend school teachers’ transfer in Odisha: HC strikes down govt order

The Odisha government had on May 13 issued an order allowing MPs and MLAs to recommend up to 15 cases of transfer of teachers at elementary and secondary schools in their constituencies. The public representatives were asked to submit their recommendations to district collectors between May 15 and June 15.

The court observed that giving MPs and MLAs the authority to make such recommendations had the potential of creating a nexus between political parties/candidates and the community of teachers as services of teachers are requisitioned for the conduct of elections.

“One needs no research to visualise the fruits of the poisonous tree that would grow on the soil of such a nexus. It is teachers, more particularly those who teach up to the level of HSC/X Standard, who mould the younger generation as citizenry in the making. As of necessity, teachers have to maintain safe distance from political parties and elected representatives,” read the court order.

While it had been argued that the government’s order provided only recommendatory authority to the MPs and MLAs, and that the recommendations were not binding on the transfer committee, the court observed that such recommendations could have a big influence on transfer committee officials.

Even as the court has set aside the state government order, it said the teachers who have already reported at the transferred places should continue till the expiry of the academic year, so that the community of students is not put to prejudice. The court said such teachers would be restored to the original places where they were working before the issuance of the May 13 order within one week after the expiry of the current academic year.

“Any delay in this regard would be viewed very seriously in the next level of the legal battle,” read the court order.

The Opposition BJD and Congress hit out at the state government after the court quashed the order and demanded that a transparent and merit-based transfer policy for teachers be put in place.