Orissa HC Strikes Down Govt Policy Allowing MPs, MLAs to Recommend Teacher Transfers

Bhubaneswar, Nov 27 : The Orissa High Court on Thursday quashed the state government’s policy empowering MPs and MLAs to recommend transfers of school teachers in their constituencies, citing the risk of politicization of the teaching community.

The policy, issued in May 2025, allowed legislators to forward transfer recommendations to district collectors for consideration by the District Level Transfer Committee (DLTC). The court noted that such a practice “has the potential of creating a seamless nexus between political parties/candidates and the community of teachers.”

Justice Dixit Krishna Shripad emphasized that teachers, especially those teaching up to HSC/X Standard, play a critical role in shaping young citizens and must maintain a safe distance from political influence. The court observed that the policy could undermine the integrity of the education system and likened it to “fruits of poisonous trees” that could harm the nation’s future.

The decision came following petitions from teachers challenging the government order. The petitioners’ lawyers argued that the May 13, 2025 letter enabling MPs and MLAs to recommend transfers was “without authority of law” and unsustainable. The government had contended that recommendations were advisory only, with final decisions taken by the Transfer Committee.

Justice Shripad highlighted the unique role of teachers, stating, “Without civil servants, governance may not run, but without teachers, the new generation cannot be rightly brought up. To wipe out a nation, no atom bomb is necessary; if teaching standards fall, that would happen before long.”

The court’s ruling reinforces the independence of the teaching profession from political interference and ensures that transfer policies remain guided by administrative norms rather than legislative recommendations.