The Rajasthan High Court has stayed the transfer of a government school teacher who was shifted to another district less than two months after childbirth, holding that administrative requirements cannot override an infant’s right to breastfeeding, maternal care and a dignified life under Article 21 of the Constitution.
Justice Anoop Kumar Dhand, in an order dated September 29, 2026, directed that the teacher be allowed to continue at her existing posting for six weeks while the authorities consider her representation. The Court also directed the Rajasthan government to formulate an appropriate transfer policy for government employees who have recently become mothers.
The Court held that the rights of a nursing mother and her newborn child must receive due consideration in transfer decisions, particularly when the infant is entirely dependent on the mother for nutrition, emotional support and care.
Court Says Infant’s Welfare Must Take Priority
Justice Dhand observed that administrative convenience and service requirements cannot be treated as absolute grounds for transferring an employee when the decision causes exceptional hardship to a newborn child.
The Court recognised the right to motherhood, the right to breastfeed and an infant’s right to receive breastfeeding and nurturing as integral aspects of the right to life with dignity guaranteed under Article 21.
It observed that separating a two-month-old infant from the mother because of a distant transfer could expose the child to psychological distress, insecurity, malnutrition and health risks that could not be adequately compensated.
The Court also emphasised that a mother’s constant presence during infancy contributes to the child’s emotional development, immunity, sense of security and personality.
According to the Court, transferring a mother at such an early stage after childbirth would run contrary to the principles underlying the Maternity Benefit Act, 1961, as amended in 2017, Child Care Leave norms and the International Convention on the Rights of the Child.
Justice Dhand further observed that while service exigencies remain relevant in administrative decisions, they do not provide unrestricted protection to transfer orders that cause extreme hardship, particularly where an infant has critical medical and developmental needs.
Teacher Transferred Within Two Months of Delivery
The petitioner was serving as a senior teacher at a government school in Gangapur City, Rajasthan.
She gave birth to a child on May 13, 2026. On July 7, the state education department ordered her transfer to a government school in Masalpur, Karauli.
Challenging the decision, the teacher approached the Rajasthan Civil Services Appellate Tribunal, seeking suspension and cancellation of the transfer order. The tribunal dismissed her representation on September 15.
She subsequently moved the High Court, arguing that the transfer would adversely affect her newborn child, who required continuous maternal attention.
Advocate Sanskriti Gautam, appearing for the petitioner, submitted that the infant was entirely dependent on the mother for breastfeeding and remained under intensive care.
The counsel also informed the Court that the teacher had been denied maternity leave on technical grounds because she had previously availed maternity leave on two occasions in 2020.
Gautam explained that the petitioner’s first child, born in 2020, had died shortly after birth. Despite these circumstances, the authorities refused maternity leave following her latest delivery on the ground that she had already availed the benefit.
Transfer Found Contrary to Humanity and Constitutional Rights
After considering the circumstances, the High Court noted that the authorities had proceeded with the distant transfer despite being informed of the petitioner’s recent delivery and the infant’s dependence on her.
The Court found that the transfer was contrary not only to the state government’s transfer policy but also to humanitarian principles and the constitutional protections under Article 21.
Justice Dhand stressed that an infant’s biological, nutritional and emotional requirements, along with the close bond between mother and child, must receive particular attention when authorities consider transferring a nursing mother.
The Court also described motherhood as the foundation of civilisation and highlighted the importance of maternal care during the earliest stages of a child’s life.
It held that the best interests of the child must guide the assessment of such administrative decisions rather than considerations of administrative efficiency alone.
Government Asked to Frame Policy for New Mothers
The High Court directed that the July 7 transfer order would remain stayed, insofar as it concerned the petitioner, for six weeks or until her representation was decided, subject to the terms of the order.
During this period, the teacher was permitted to continue working at her existing place of posting.
The Court directed the authorities to consider her case sympathetically and humanely instead of adopting a mechanical approach.
It further instructed the Rajasthan government to formulate an appropriate policy governing the transfer of government employees who have recently given birth.
A copy of the judgment was also directed to be forwarded to the Ministry of Law and Justice and the Rajasthan Government’s Department of Law and Legal Affairs for appropriate action.
With these directions, the High Court disposed of the writ petition and the accompanying stay application.
