HC Strikes Down Odisha Govt Order Allowing MPs, MLAs To Recommend Teachers’ Transfer

BHUBANESWAR: The Orissa High Court has quashed the decision of the state government, authorising MPs and MLAs to recommend the transfer of schoolteachers during an academic year.

While hearing multiple petitions on the matter, a single Bench of Justice Dixit Krishna Shripad observed that “political interference in the campus is not desirable”.

In May, the government implemented a one-time measure allowing MPs and MLAs to recommend up to 15 intra-district transfers of teachers within their respective constituencies for the ongoing educational year, which was to be reviewed by the District Level Transfer Committee (DLTC).

Justice Shripad observed that the impugned letter dated May 13, 2025, issued by the joint secretary in the directorate of secondary and elementary education had no identifiable legal authority. The judge further noted that the letter preceded the promulgation of formal transfer guidelines.

The court also rejected the state government’s argument that the letter served merely as an enabling measure allowing elected representatives to suggest transfers based on their knowledge of local needs and that such recommendations were merely advisory, highlighting the inherent risks of political involvement in teacher transfers. “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. This would not augur well to the system,” Justice Shripad warned.

“….For the conduct of elections and their preparatory works, services of teachers too are requisitioned,” he said.

“This would not augur well to the system. One needs no research to visualize the fruits of poisonous tree that would grow on the soil of such nexus. It is teachers, more particularly those who teach up to the level of Standard X level, who mould the younger generation as citizenry in the making. As of necessity, teachers have to maintain safe distance from political parties and elected representatives,” he added.

The HC, however, stated that teachers, who were transferred by recommendation of MPs and MLAs, would continue in their present schools till the end of the academic year.

“Even if the transfer orders are set aside, those teachers who have reported for duty at the transferred places, should continue till after the expiry of academic year, so that the community of students is not put to prejudice,” it added.

It directed authorities to restore petitioners to their original schools within a week after the academic year concludes, cautioning that any delay in this regard would be viewed very seriously.