Orissa HC quashes govt order allowing MLAs, MPs to recommend teacher transfers

The Orissa High Court on Thursday struck down a state government directive that had permitted MLAs and MPs to recommend transfers of school teachers, making it clear that "introducing political influence into educational spaces is neither appropriate nor advisable".

The bench noted that the state's school and mass education department had not identified any statutory basis for the order or indicated under what authority it claimed to act, leaving the directive without defensible legal grounding.

A circular issued on 13 May this year had allowed Odisha’s MPs and MLAs to put forward up to 15 “most deserving cases” for the transfer of teachers in elementary and secondary schools within their constituencies. The government had described this as a one-time arrangement limited to the current academic session.

Taking up petitions from 24 teachers who had challenged the circular, Justice Dixit Krishna Shripad remarked, “Political interference or affinity in the campus is not desirable in general and in the matters of transfer of teachers, in particular. An argument to the contrary will have pollution-potential.”

The court added that the “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. One needs no research to visualise the fruits of poisonous tree that would grow on the soil of such a nexus”, emphasising the risks inherent in blurring boundaries between education and politics.

The judgment further underscored that teachers must keep a clear distance from political actors, insisting that educational institutions should not become arenas for partisan proximity.

Invoking political theorist Hannah Arendt, the court observed, “Education can play no part in politics, because in politics, we always have to deal with those who are already educated,” using the reference to highlight the conceptual need to insulate academic functioning from political processes.

While setting aside the government’s order, the court directed that teachers already serving at their transferred locations would remain there until the end of the ongoing academic year, to ensure students do not suffer disruption.

They will then return to their prior postings within one week of the conclusion of the 2025–26 academic session, the ruling stated.

At the same time, the court clarified that its decision does not obstruct the state from undertaking a fresh transfer exercise as long as it adheres to the existing guidelines governing such processes.

With PTI inputs