The Allahabad High Court upholds the validity of the transfer policy for assistant teachers in basic education adopted by the UP government.
Title: Kul Bhushan Mishra And Another vs. State Of U.P. And 4 Others
Decided on: 16th June, 2023
WRIT – A No. – 10209 of 2023
CORAM: HON’BLE ASHWANI KUMAR MISHRA, HON’BLE ASHUTOSH SRIVATSAVA J.
Introduction.
The Allahabad High Court last week maintained the legitimacy of the Uttar Pradesh Government’s transfer policy for assistant teachers teaching in Basic Education Institutions managed by the Basic Education Board while ruling that transfer cannot be requested as a matter of right.
Analysis.
The decision by the state to limit the consideration of transfer applications under normal circumstances to teachers who have served a certain amount of time in the cadre was upheld by the court.
The State’s policy was found to be sound by the Court. The Court made it clear that, even in the absence of such exceptional circumstances, the minimum period may be waived if the Board is certain that such exceptional circumstances exist.
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Written by- Varada Hawaldar