Bhubaneswar: Orissa High Court Thursday quashed a government policy that empowered MPs and MLAs to recommend the transfer of teachers in their constituencies.
The court observed that the policy had “the potential of creating a seamless nexus between political parties/candidates and the community of teachers.”
The government policy, adopted in May, had allowed MPs and MLAs to recommend teacher transfers to the district collector, who would then refer the cases to the District Level Transfer Committee (DLTC) for decision-making. This policy was communicated in an official letter sent to the Director of Secondary Education and the Director of Elementary Education, Odisha, Bhubaneswar.
The court ruled that the policy would not be beneficial for the education system. “One needs no research to visualise the consequences of such a nexus,” the judgment stated, adding that teachers, particularly those who teach up to the Higher Secondary Certificate (HSC) or 10th grade, play a crucial role in shaping the younger generation into responsible citizens.
As such, the court emphasised that teachers must maintain a safe distance from political parties and elected representatives. The single bench, led by Justice Dixit Krishna Shripad, noted that “teachers have to maintain a safe distance from political parties and elected representatives” while quashing the government order.
The court further remarked that teachers are often requisitioned for election duties and related preparatory work. The policy allowing MPs and MLAs to recommend teacher transfers could lead to undue political influence on the education system. The court described such a policy as having the potential to foster “a seamless nexus between political parties/candidates and the teaching community.”
The High Court’s direction came after a batch of petitions filed by teachers, challenging the government order. The petitioners argued that the letter dated May 13, 2025, which allowed MPs and MLAs to recommend transfers, was issued without legal authority and was unsustainable.
In defence, the government’s counsel argued that all public servants, including teachers, are liable to be transferred for administrative reasons, and no exemption should apply to teachers. They further stated that the letter was an executive instruction allowing MPs and MLAs to recommend transfers based on local needs, although such recommendations would still be subject to other guidelines outlined in the same letter, with the final decision being made by the Transfer Committee.
While all teachers in government schools are considered civil servants, the scope and nature of their duties differ from those of other public servants, the government’s counsel argued. Teachers, the counsel stated, play a vital role in shaping the future of the nation by imparting knowledge and values essential for social development.
In his order, Justice Shripad concluded, “Without civil servants, governance would struggle to function; but without teachers, the next generation cannot be properly nurtured. It is teachers who shape civilisations by instilling values for social organisation and development. To wipe out a nation from the world map, no atom bomb is necessary—if the standard of teaching declines, that could happen soon enough.”
UNI