In a significant ruling, the Lucknow bench of the Allahabad High Court has struck down the transfer policy for junior teachers in primary schools of the state, labeling it as “arbitrary and discriminatory.” The decision, delivered on Thursday by Justice Manish Mathur, responded to a writ petition filed by Pushkar Singh Chandel and others.
The policy, introduced on June 26, 2024, through a government order, aimed to regulate the teacher-pupil ratio within the basic education department’s primary schools. However, the court identified that the “last come first out” principle embedded within the policy led to junior teachers bearing the brunt of transfers, often shuffled repeatedly to balance staffing ratios.
Senior advocate HGS Parihar, representing the petitioners, argued that the policy unfairly targeted the most junior teachers for transfers whenever a school’s teacher-student ratio fell below required levels. According to Parihar, this practice spared senior teachers from relocation, violating the fundamental right to equality and the provisions of the Right to Education Act.
Justice Mathur’s judgment specifically targeted Clauses 3, 7, 8, and 9 of the government order and the related departmental circular issued on June 28, 2024. The court found these clauses to be in conflict with Article 14 of the Constitution, which guarantees equality before the law.
“The impugned clauses… are manifestly arbitrary and, therefore, are hereby quashed,” stated the court in its decision. Furthermore, the court criticized the policy’s rationale, noting the absence of a reasonable justification for basing transfers solely on the length of service.
