Allahabad High Court 'Shocked' As Cancer-Stricken Teacher's Transfer Plea Rejected Despite 'Sympathetic' Consideration Order
The Allahabad High Court on Monday expressed its strong displeasure over the conduct of the Secretary, UP Basic Education Board, Prayagraj, for rejecting the transfer representation of an Assistant Teacher suffering from breast cancer, despite a specific prior direction by the Court to consider her case 'sympathetically'. The court directed the Secretary to file his personal affidavit...
The Allahabad High Court on Monday expressed its strong displeasure over the conduct of the Secretary, UP Basic Education Board, Prayagraj, for rejecting the transfer representation of an Assistant Teacher suffering from breast cancer, despite a specific prior direction by the Court to consider her case 'sympathetically'.
The court directed the Secretary to file his personal affidavit or to remain present before this Court on the next date.
A bench of Justice Prakash Padia observed that it was "very much shocked and surprise" that the authorities, instead of considering the case of the petitioner sympathetically, rejected her request on a technical ground.
"…the Court is of the prima facie opinion that it is more unfortunate that inspite of the fact that specific direction has been given by this Court to the respondent no.4 to consider the case of the petitioner sympathetically but the claim of the petitioner was rejected on merits without considering aspect of the matter".
For context, the ground taken was that there are only two teachers in the institution where the petitioner is working and as per policy of the State Government in case there are 36 students at least in a school, three teachers are required.
Expressing surprise over the ground taken, the bench added that every day it is dealing with matters where in large numbers of institution where more than 36 students are there, only one teacher is working.
Briefly put, the petitioner (Kalpana Sharma) is an Assistant Teacher (Science) posted at a Junior High School in Shahjahanpur since her initial appointment in August 2015. She has been battling breast cancer, for which she underwent surgery and currently she is receiving chemotherapy at the Max Cancer Centre in Ghaziabad.
She approached the High Court earlier by filing a writ plea wherein she had cited the difficulties of working in Shahjahanpur. She claimed that her treatment and family, including her husband, are based in Ghaziabad, which is about 320 KMs away from her job place.
In September last year, the court had disposed her plea by directing the authorities to decide her representation 'sympathetically', in view of the fact that she is undergoing treatment at Max Cancer Centre, Ghaziabad.
However, despite this order, the Secretary rejected the petitioner's claim. Therefore, she moved the HC again.
The rejection order stated that there were only two teachers in the petitioner's institution and as there were 36 students, at least three teachers were required under the policy. The authorities further suggested that the petitioner could apply online for a 'mutual transfer'.
Terming the rejection as 'unfortunate', the bench called upon the secretary to file a response or to remain present in person. The matter is listed for fresh hearing on November 20.