The Allahabad High Court has directed the Secretary of the Uttar Pradesh Basic Education Board, Prayagraj, to appear in person after expressing dissatisfaction with the affidavit filed in a matter concerning the transfer of an assistant teacher undergoing cancer treatment.
Justice Prakash Padia passed the order on Thursday while hearing a petition filed by Assistant Teacher Kalpana Sharma, who is currently posted in Shahjahanpur and is receiving chemotherapy in Ghaziabad at Max Cancer Centre.
Sharma had earlier approached the High Court seeking a transfer to Ghaziabad on medical grounds. In September last year, the court disposed of her petition after directing the authorities to consider her representation “sympathetically” given her ongoing breast cancer treatment.
However, the Board rejected her request citing a technical objection — that only two teachers were posted at her present school, whereas government policy mandates three teachers for schools with at least 26 students.
The court strongly criticised the reasoning. It recorded that it was “very much shocked and surprised” that instead of treating the matter with compassion as previously ordered, the authorities relied on a technicality to deny relief. The bench also noted that it often encounters cases where schools with more than 36 students are functioning with only one teacher.
During Thursday’s hearing, the court stated that it was not satisfied with the explanation furnished by the Secretary in the reply affidavit and held that the justification for denying the transfer was unacceptable.
The High Court then directed the Secretary of the Basic Education Board to personally remain present on the next date of hearing.
