MLAs, MPs cannot recommend teacher transfers: High Court strikes down Odisha govt letter

The Orissa High Court on Thursday set aside a state government letter that authorised MLAs and MPs to recommend transfers of government school teachers, ruling that political intervention cannot determine administrative decisions in the education sector.

The direction delivers a setback to the state government circular, which had permitted elected representatives to influence transfers of 15 teachers and teaching staff.

Government Letter Cancelled

According to reports, the state government instruction empowered legislators to recommend transfers of teachers under a special quota of 15 cases. This communication was challenged before the High Court earlier this year on the grounds that transfer decisions are part of administrative service rules and not subject to political discretion.

The bench observed that the government’s letter amounted to undue political interference in academic administration, noting that transfer procedures must be carried out exclusively by authorities appointed under education service norms. The court held that teacher postings cannot be influenced by external recommendations from MPs or MLAs.

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Court Disapproves Political Intervention

The judges stated that vesting elected representatives with discretionary authority over teacher postings creates a situation where political considerations may affect school administration.

The court noted that such instructions ‘cannot be accepted’ within lawful governance of public education, as transfer processes must remain confined to administrative bodies responsible for applying uniform rules.

As part of its findings, the bench recorded that teacher transfers must follow established statutory procedures applicable to all teaching staff and should not be based on individual recommendations made by public representatives.

Petitions and Stay Order

In July this year, the High Court issued an interim stay on the transfer of two teachers in Kalahandi district after petitions were filed challenging the government’s policy. The petitioners, including R. Tripathi and others, argued that the state’s May 13 directive authorising legislators to recommend transfers was arbitrary and beyond the government’s powers.

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The petitions stated that transfers based on political recommendations undermined fairness and transparency. According to the directive, recommendations from MPs and MLAs were to be routed through District Magistrates, while district-level transfer committees were required to make a decision on the same day of receiving the recommendation.