The Madhya Pradesh High Court has recently stayed the transfer of the one and only teacher of a school while observing that the order had been passed without application of mind and contrary to public policy.
The single-judge bench of Justice Sanjay Dwivedi passed this order on a petition filed by Saraswati Kumar Bharti. The petitioner had challenged the order dated August 30, 2021, whereby he has been transferred from Government Middle School, Sewara-Sewari to Government Middle School, Batyawada. The transfer is within the district i.e. District Sagar.
The petitioner’s counsel submitted that in the school where the petitioner is posted, the strength of enrolled students is 72 and the petitioner is the only teacher and if he is transferred, then there will be no teacher in the school as nobody has been brought in place of the petitioner.
“It is somewhat surprising that on the one hand, the Government is transferring its sole employee from a school having 72 enrolled students and on the other hand, neither anybody has been brought in nor any alternative arrangement has been made. In such a situation, it is arduous to gather as to how the School would run in the absence of a sole teacher and who would take care of the students of that school,” the Court said.
The Court observed, “It appears that the order has been issued by the authorities without applying their mind, which draws a presumption that the government authorities have no compassion with the future of the students and no concern with the educational system, however, it is a manifestly required duty of the government to act in the interest of the public. In such circumstances, the order prima facie appears to be illegal; without application of mind and contrary to the public policy Accordingly, the Court does not think proper to allow implementation of the order in respect of the petitioner because if he is relieved, then the school, where the petitioner is posted, would become teacher-less.
“Accordingly, to ascertain the exactitude of present status of the school and with a view to safeguard the future of the enrolled students, the counsel for the respondents-State is directed to seek instructions and apprise the Court as to whether any alternative arrangement has been made by the government authorities by posting a teacher in the school where petitioner is presently posted, or not. Till then the operation of the order dated August 30, 2021, in respect of the petitioner only shall remain stayed,” the Court ordered and fixed the next hearing on September 20.
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