BHUBANESWAR: The Odisha High Court on Thursday invalidated a state government order that permitted Members of Legislative Assembly (MLAs) and Members of Parliament (MPs) to recommend the transfer of school teachers. The court explicitly stated that political interference and affinity within educational campuses are undesirable.
Government Order Quashed
The High Court found the May 13 circular, issued by the School and Mass Education Department, lacked legal authority. This circular had allowed MLAs and MPs to recommend up to 15 deserving cases for transfer of elementary and secondary school teachers within their constituencies. This provision was introduced as a one-time measure , applicable only for the current educational year.
Court’s Stance on Political Interference
Justice Dixit Krishna Shripad presided over petitions filed by 24 teachers challenging the government’s order. Justice Shripad observed that “Political interference or affinity in the campus is not desirable in general and in the matters of transfer of teachers, in particular.” The court warned that any argument to the contrary would lead to “pollution-potential.”
The court elaborated on the risks of such a policy, stating, “Impugned letter of the kind, which provides for MPs/MLAs recommending transfer of teachers, has the potential of creating a seamless nexus between the political parties/candidates and the community of teachers.” The judgment highlighted the potential for negative consequences, referring to “the fruits of poisonous tree that would grow on the soil of such a nexus.”
Teachers Must Maintain Distance from Politics
The High Court stressed that teachers must maintain a safe distance from political parties and elected representatives. To reinforce this principle, the judgment cited political philosopher Hannah Arendt, stating, “Education can play no part in politics, because in politics, we always have to deal with those who are already educated.” This underscores the court’s view that the educational sphere should remain independent of political maneuvering.
Interim Arrangements for Transferred Teachers
While quashing the government order, the court also provided specific instructions for teachers already affected by the contested transfers. Teachers who have already reported for duty at their new, transferred locations will continue there until the end of the current academic year. This measure ensures students do not face immediate hardship or disruption to their studies.
However, these teachers must return to their previous places of posting within one week after the completion of the academic year 2025-26 . The court clarified that its verdict does not prevent future transfer processes. Any new transfers undertaken by the government must adhere to existing and extant transfer guidelines, ensuring fairness and transparency.