The Orissa High Court struck down the Odisha government’s order permitting MLAs and MPs to recommend school teacher transfers, calling it politically driven and legally invalid. The court warned such interference threatens the independence and fairness of the education system.
Bhubaneswar: In an important judgment aimed at protecting the independence of the education system, the Orissa High Court has quashed a state government order that allowed Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) to recommend the transfer of school teachers.
The court clearly stated that political involvement in school administration, especially in teacher transfers, is unhealthy and goes against the basic principles of fair governance in education.
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The case arose after the Odisha government, through a circular issued on May 13, permitted MPs and MLAs to recommend up to 15 “most deserving” cases for the transfer of teachers from elementary and secondary schools in their respective constituencies.
The government had described this as a one-time measure applicable only for the current academic year. However, this move was challenged by 24 teachers who argued that such recommendations open the door to political pressure and unfair practices.
After hearing the petitions, Justice Dixit Krishna Shripad strongly criticised the state’s decision and pointed out that the government failed to explain the legal authority under which the order was issued.
The court noted that the School and Mass Education Department had not given any valid legal basis to justify the order, thereby questioning its legitimacy and enforceability.
While delivering the verdict, the judge made strong observations on the dangers of political interference in the education sector.
He stated,
“Political interference or affinity in the campus is not desirable in general and in the matters of transfer of teachers, in particular. An argument to the contrary will have pollution-potential.”
The court further warned that allowing elected representatives to influence teacher transfers could create a dangerous relationship between politicians and teachers, which would ultimately harm the integrity of the system.
Elaborating further, the court observed,
“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. One needs no research to visualise the fruits of poisonous tree that would grow on the soil of such a nexus,”
making it clear that such practices could lead to serious long-term damage to the education system.
The judgment also stressed that teachers must remain professionally neutral and independent from political influence.
The court observed that teachers should maintain a safe distance from political parties and elected representatives to preserve the sanctity of the academic environment. To support this view, the court cited political philosopher Hannah Arendt and stated,
“Education can play no part in politics, because in politics, we always have to deal with those who are already educated.”
While setting aside the government order, the court took a balanced approach to ensure that students do not suffer due to sudden changes.
It ruled that teachers who have already joined their new places of posting following the now-quashed transfer recommendations will be allowed to continue there until the end of the current academic year. This step was taken to prevent disruption in students’ education.
However, the court clarified that these teachers must return to their original postings within one week after the completion of the academic year 2025-26.
At the same time, the judgment made it clear that the state government is free to initiate a fresh transfer process, provided it strictly follows the existing legal transfer guidelines and does not involve political recommendations.
This ruling is seen as a significant step in reinforcing the independence of educational administration in Odisha and sending a strong message against political interference in routine service matters such as teacher transfers.
It also sets a clear precedent that governance in the education sector must remain transparent, lawful, and free from external influence to protect the interests of both teachers and students.
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