Orissa HC strikes down provision allowing MPs, MLAs to recommend teacher transfers

Cuttack: In a landmark decision aimed at safeguarding school administration from political interference, the Orissa High Court on Thursday quashed the state government order that had allowed MPs and MLAs to recommend transfers of school teachers within their constituencies.

The ruling was delivered by Justice Dixit Krishna Shripad while hearing a batch of 24 petitions filed by teachers challenging the one-time teacher transfer policy.

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Justice Shripad observed that the impugned letter dated May 13, 2025, issued by the Joint Secretary of the Directorate of Secondary and Elementary Education, lacked any identifiable legal authority. “Nothing has been stated in the said letter as to under what authority it has been issued, to claim legal efficacy,” he noted, pointing out that it was issued even before formal transfer guidelines were notified.

Judge flags risks of political–teacher nexus

Although the state argued that the letter only enabled MPs and MLAs to recommend transfers based on their understanding of local needs, the High Court ruled that such political involvement itself was inherently improper.

“An 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 for the system,” Justice Shripad warned.

Underscoring the danger of political proximity, he added: “One needs no research to visualise the fruits of poisonous tree that would grow on the soil of such nexus. As of necessity, teachers have to maintain safe distance from political parties and elected representatives.”

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Transfer orders influenced by MPs, MLAs invalid: HC

The judge rejected the state’s contention that the recommendations were merely advisory, stating that the influence of MPs and MLAs on administrative decisions “hardly needs to be stated.”

The court held that transfer orders influenced by such political recommendations must be deemed to have been issued on extraneous considerations and are therefore invalid.

Teachers to be restored after academic year ends

While striking down the provision, the High Court ensured that students were not adversely affected mid-year. It permitted teachers who had already joined their new postings to continue until the end of the 2025–26 academic session.

The court directed authorities to restore the petitioners to their original schools within a week after the academic year concludes, warning that any delay would be viewed with utmost seriousness.