Topic
Madhya Pradesh High Court rules that transfers disrupting the statutory teacher-student ratio under the RTE Act are impermissible, directing authorities to decide a teacher's representation within three weeks. The judgment reinforces compliance with RTE Act provisions to ensure educational quality in government schools.
The Madhya Pradesh High Court has ruled that teachers appointed under the CM Rise School Scheme cannot be transferred before completing their mandated five-year tenure unless unavoidable circumstances are clearly documented. This sets a binding precedent for administrative fairness in government education postings, protecting contractual teachers from capricious transfers and reinforcing contractual obligations of state schemes.
A teacher who completes two years of probation under the MEPS Act, 1977 acquires deemed permanent status and cannot be denied transfer to an aided post on technical grounds. This ruling affirms that regular status under Section 5(2) is a substantive right, not merely procedural, and protects educators from administrative evasion of statutory entitlements.
The Calcutta High Court has ruled that the suspension of the Utsashree online transfer portal cannot override a teacher’s statutory right to seek transfer under the West Bengal Primary School Education Rules, 2002. Authorities must process offline applications promptly, ensuring administrative delay does not violate natural justice or the right to fair consideration in public service.
The Central Administrative Tribunal holds that prolonged delay in deciding a teacher's transfer request on verified security grounds constitutes a violation of her Article 21 rights, compelling authorities to act within a fixed timeline. This ruling reinforces that public employers cannot treat humanitarian and safety concerns as discretionary when lives are at risk, setting a precedent for vulnerable government employees in conflict-affected regions.