CUTTACK: In a significant ruling aimed at insulating school administration from political influence, the Orissa High Court on Thursday set aside the state government’s order that had empowered MPs and MLAs to recommend transfers of school teachers within their constituencies.
The single judge bench of Justice Dixit Krishna Shripad delivered the judgment while considering a batch of 24 petitions filed by teachers affected by the one-time teacher transfer policy.
Justice Shripad observed that the impugned letter dated May 13, 2025, issued by the joint secretary in the directorate of secondary and elementary education had no identifiable legal authority. “Nothing has been stated in the said letter as to under what authority it has been issued, to claim legal efficacy,” the judge noted, adding that the letter preceded the promulgation of formal transfer guidelines.
Although the state argued that the letter served merely as an enabling measure allowing MPs and MLAs to make recommendations since they know the local requirement, the high court found the very nature of such political involvement problematic.
“Impugned letter of the kind, which provides for MPs/MLAs recommending transfer of teachers, has the potential of creating a seamless nexus between the political parties/candidates and the community of teachers. This would not augur well to the system,” Justice Shripad warned.
Highlighting the dangers of political proximity, he remarked, “One needs no research to visualise the fruits of poisonous tree that would grow on the soil of such nexus. As of necessity, teachers have to maintain safe distance from political parties and elected representatives.”
