The Orissa High Court on Thursday struck down a state government order that allowed MLAs and MPs to recommend the transfer of school teachers, holding that such political involvement in academic spaces is unhealthy, unauthorized, and legally unsustainable.
Justice Dixit Krishna Shripad, hearing petitions filed by 24 teachers, set aside the School and Mass Education Department’s May 13 circular that permitted legislators to suggest up to 15 transfer cases from elementary and secondary schools in their constituencies for the current academic year.
The court noted that the government had not specified under what statutory authority the circular was issued. Without such basis, the order could not claim any legal standing.
The bench observed that allowing elected representatives to influence postings in schools “has the potential of creating a seamless nexus between the political parties/candidates and the community of teachers.”
Justice Shripad made it clear that teachers must maintain distance from political actors.
“Political interference or affinity in the campus is not desirable in general and in the matters of transfer of teachers, in particular. An argument to the contrary will have pollution-potential,” the court said.
The judgment further warned against politicising the teaching community, stating that such a nexus could bear the “fruits of a poisonous tree.”
In a notable reference, the court invoked political philosopher Hannah Arendt, observing:
“Education can play no part in politics, because in politics, we always have to deal with those who are already educated.”
The court said this principle underscores why teachers should remain insulated from political influence.
While invalidating the circular, the court ensured that students do not suffer disruption. Teachers who have already joined their new postings will continue there until the end of the 2025–26 academic year. They must return to their original posts within one week of its completion.
The court clarified that its order does not prevent the government from initiating a fresh transfer exercise under existing statutory guidelines.
