"Authorities Have No Compassion With Students' Future": MP High Court Stays Transfer Of The Only Teacher Of A School, Seeks State's Reply

The Madhya Pradesh High Court last week stayed the transfer of the one and only teacher of a school (with 72 students) stating that the order had been passed without application of mind and contrary to the public policy.

"It appears that the impugned order has been issued by the authorities without applying its mind, which draws a presumption that the government authorities have no compassion with the future of the students and no concern with the educational system, however, it is manifestly required duty of the government to act in the interest of public," observed the Court.

Staying the transfer, the Bench of Justice Sanjay Dwivedi has asked the state government as to whether it has made any alternative arrangement by posting a teacher in the school where the petitioner is presently posted, or not.

The Court was hearing a challenge to the transfer of the petitioner/teacher, Sarawati Kumar Bharti, who contended that the strength of enrolled students is 72 and he is the only teacher in that school and if he is transferred, then there will be no teacher in the school as nobody has been brought in place of the petitioner.

Calling the transfer as prima-facie illegal, the Court observed thus:

"It is something surprising that on the one hand, the Government is transferring its sole employee from a school having 72 enrolled students and on the other hand, neither anybody has been brought nor any alternative arrangement has been made. In such a situation, it is arduous to gather as to how the School would run in the absence of the sole teacher and who would take care of the students of that school."

Accordingly, the Court did not think it proper to allow the implementation of the transfer order noting that if the petitioner is relieved then the school would become teacher-less.

Therefore, to ascertain the exactitude of the present status of the school and with a view to safeguarding the future of the enrolled students, the was directed to apprise the court of the alternative arrangement.

The matter has now been listed for further hearing on September 20.

In related news, expressing concern over the steep decline in the standard of education in primary schools in Government Sector, the Madhya Pradesh High Court last month observed that salaries, allowances, and perquisites attached to the post of a primary teacher in the Government Sector should be attractive.

Case title - Sarawati Kumar Bharti v. The State Of Madhya Pradesh And Others

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