DEHRADUN: The Uttarakhand High Court has delivered a significant ruling, invalidating the State Government’s classification of government schools as "Easy Access" (Sugam) and "Difficult Access" (Durgam) based on a 2018 circular issued after the Annual Transfer Act of 2017.
A bench led by Justice Rakesh Thapliyal ruled that the government’s criteria for defining these zones were arbitrary, especially given the state’s predominantly hilly terrain. The court noted that the very basis for such a division in a state carved out of Uttar Pradesh, specifically due to its Himalayan geography, is questionable.
The ruling came while hearing petitions filed by a government teacher, Anju, and others, who challenged the arbitrary nature of the classification system.
The court pointed out the inherent contradiction in the system. During previous hearings, the Advocate General had conceded that instances existed where two institutions in the 'exact same village or gram sabha' were classified differently as 'Sugam' and 'Durgam'. "This clearly demonstrates that the work done by the government departments in this classification is entirely futile and illogical," the court observed.
While striking down the specific 'Sugam-Durgam' framework, the High Court clarified that the government remains free to transfer any employee based on other valid administrative grounds. This aligns with a previous court order from April 9th of last year, which permitted transfers under special circumstances, including long tenures in plains areas like Dehradun, Haridwar, and Haldwani.
The petitioners' counsel argued that subsequent transfer orders, such as one involving nine pharmacists in June, directly violated the February ruling which restrained transfers based on the invalidated 'Sugam-Durgam' criteria.
The High Court issued a stern warning to the administration. "The concerned officials must be informed not to misinterpret the court's stay order; it must be followed verbatim," the bench stated. The Court cautioned that any future violation would be viewed as a very serious matter, and it would not hesitate to initiate contempt of court proceedings against the responsible officers.