Dissatisfied With Explanation, Allahabad High Court Summons Basic Education Secy For Denying Transfer To Cancer-Stricken Teacher

The Allahabad High Court last week summoned the Secretary of the UP Basic Education Board to appear in person as it expressed dissatisfaction with the officer's explanation for rejecting the transfer request of an Assistant Teacher who is suffering with breast cancer. A bench of Justice Prakash Padia noted that it was "not at all satisfied" with the personal affidavit filed by the Secretary (Respondent No. 4) justifying the rejection of the petitioner's representation on technical grounds. For context, petitioner's plea seeking transfer from Shahjahanpur to Ghaziabad, where she taking chemotherapy, was rejected despite a specific prior direction by the Court to consider her case 'sympathetically'. On the previous hearing (November 17), the Court expressed "shock and surprise" over the rejection of her plea. The HC had directed the Secretary to file a personal affidavit to explain the decision. On November 20, the Court perused the personal affidavit, but was not satisfied with it. Therefore, the bench passed the following order: "After going through the same [personal affidavit], the Court is not at all satisfied with the explanation as has been given by the respondent no.4... In this view of the matter and also in the interest of justice, respondent no.4 is requested to appear before this Court on the next date fixed". The matter has been listed for a fresh hearing on November 25, 2025. It may be noted that the petitioner had approached the High Court submitting that she is facing extreme difficulty while working in Shahjahanpur as her cancer treatment and family are based in Ghaziabad, approximately 320 kilometers away. In September last year, the Court had disposed of her plea by directing the authorities to decide her representation 'sympathetically' given her critical medical condition. Despite this direction from the Court, the Secretary rejected her claim on the grounds that there were currently only two teachers in her institution against a student strength of 36. It was submitted that the State Government's policy requires at least three teachers for this number of students. The authorities had suggested her to apply for a mutual transfer instead. On November 17, the High Court took strong exception to this reasoning. It said that it was 'unfortunate' that the authorities prioritized technical aspect over her life-threatening health crisis. The bench had also said that it deals daily with numerous institutions where single teachers manage more than 36 students. The Secretary will now appear physically before the bench on November 25.

Dissatisfied With Explanation, Allahabad High Court Summons Basic Education Secy For Denying Transfer To Cancer-Stricken Teacher

Sparsh Upadhyay

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