CUTTACK: In a significant ruling aimed at insulating school administration from political influence, the Orissa High Court on Thursday set aside the state government’s order that had empowered MPs and MLAs to recommend transfers of school teachers within their constituencies.
The single judge bench of Justice Dixit Krishna Shripad delivered the judgment while considering a batch of 24 petitions filed by teachers affected by the one-time teacher transfer policy.
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. “Nothing has been stated in the said letter as to under what authority it has been issued, to claim legal efficacy,” the judge noted, adding that the letter preceded the promulgation of formal transfer guidelines.
Although the state argued that the letter served merely as an enabling measure allowing MPs and MLAs to make recommendations since they know the local requirement, the high court found the very nature of such political involvement problematic.
“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.
Highlighting the dangers of political proximity, he remarked, “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.”
The state’s contention that such recommendations were merely advisory also failed to impress the judge. “The vehement contention appears attractive at the first blush,” Justice Shripad said, but added that in practice, the enormity of influence such recommendations of MPs/MLAs would cast on the officials hardly needs to be stated.
The judgment emphasised that transfer orders influenced by such recommendations must be treated as having been made on extraneous considerations and were therefore liable to be invalidated.
Restore teachers to original schools in a week: Court
However, acknowledging potential disruption for students, the court permitted teachers who had already joined their transferred posts to continue there until the end of the 2025-26 academic year. 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.