Court Criticizes Tribunal's Inconsistent Handling of Transfer Appeals and Urges Adherence to Good Governance Principles
In a significant judgment, the Rajasthan High Court has intervened in the mass transfer of school principals executed by the School Education Department in the middle of an academic session, staying the transfer of Hargovind Meena, the petitioner, among others. The court emphasized the disruption caused to the educational system and the undue hardship inflicted on teachers and students by such administrative actions.
The case centered around the petitioner, Hargovind Meena, who was transferred from Government Senior Secondary School, Garboliya, Jhalawar to a school in Bharatpur, a decision challenged due to its timing and impact. The Rajasthan Civil Services Appellate Tribunal had earlier dismissed Meena's stay application, citing the Supreme Court's decision in Shilpi Bose v. State of Bihar, which states that a government servant holding a transferable post has no vested right to remain at a particular place.
However, Meena's counsel argued that similar cases had received favorable judgments from the Tribunal, showcasing inconsistency and bias in its rulings. The High Court, presided by Justice Ashok Kumar Jain, found merit in these arguments, highlighting the Tribunal's failure to consistently apply legal precedents and principles of good governance.
Justice Jain criticized the Tribunal's decision, pointing out that transferring teachers during an academic session violates the principles of good governance and disrupts the educational ecosystem. The court emphasized the importance of adhering to the academic calendar and ensuring that transfers occur during breaks, such as the summer vacation, to minimize disruption.
The judgment also touched upon the broader implications of such mass transfers, noting their potential to harm students' education and the aspirations of parents unable to afford private schooling. The court expressed concern over the arbitrary nature of the transfers and called for more stringent adherence to the National Education Policy, 2020, which aims to transform the educational framework in India.
In conclusion, the Rajasthan High Court set aside the Tribunal's order and stayed the impugned transfer order, directing the Tribunal to reconsider the appeal on its merits. The court also stressed the need for proper training of Tribunal members to prevent future inconsistencies in decision-making.
Bottom Line:
Transfer of Government employees - Transfer is an incident of service and courts should generally refrain from interfering, but mass transfers in the middle of an academic session, causing undue hardship and disruption to the educational system, can be subjected to judicial scrutiny on grounds of arbitrariness, mala fides, or undue hardship.
Statutory provision(s): Transfer of Government employees, National Education Policy, 2020, Shilpi Bose v. State of Bihar, AIR 1991 SC 532
