In a significant decision, the Karnataka High Court has ruled that female teachers over the age of 50 and male teachers above 55 are exempt from being labeled as ‘excess teachers’ and subjected to subsequent transfers. This ruling pertains to the process of rationalization and redeployment of teachers across different schools.
The court’s decision reinforces Section 10(1)(vi) of the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020, which clearly stipulates that such age-based exemptions must be respected by the authorities.
This ruling came as the court dismissed appeals from the Department of School Education, which had challenged orders from the Karnataka State Administrative Tribunal. These tribunal orders had previously quashed the transfers of two teachers, Umadevi Hundarkar and Prabhavati Ronad, who were working in high schools in Bagalkot district and had been transferred on the grounds of being ‘excess teachers.’
A division bench led by Chief Justice N V Anjaria and Justice S G Pandit emphasized the necessity of applying these beneficial provisions in favor of eligible teachers, regardless of whether the teachers had explicitly requested these exemptions.
The bench further stated that this statutory provision not only grants rights to the teachers but also underscores the responsibility of the authorities to adhere strictly to the legislative framework intended to protect these educators.
Also Read
The court noted that the wrongful classification of these teachers as excess and their subsequent transfers were unjustified, especially considering that the teachers had brought the relevant provisions of the Act to light.
