Orissa HC quashes govt order allowing MPs, MLAs to recommend teachers’ transfer

Orissa High Court on Thursday (November 27, 2025) quashed a State government order that allowed Members of Parliament and Members of Legislative Assembly to have a say in teachers’ transfer.

Orissa HC Judge Justice Dixit Krishna Shripad, while delivering the direction said, “it is a matter of common knowledge that in a vibrant democracy like ours, the period elections are held to the Parliament and State Legislatures, as festival of lights. For the conduct of elections and their preparatory works, services of teachers too are requisitioned.”

“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 and candidates and the community of teachers,” Justice Mr Shripad mentioned in his order.

“This would not augur well to the system. One needs no research to visualize the fruits of poisonous tree that would grow on the soil of such nexus. It is teachers, more particularly those who teach up to the level of Standard X level, who mould the younger generation as citizenry in the making. As of necessity, teachers have to maintain safe distance from political parties and elected representatives,” he remarked.

The single judge Bench dismissed the arguments of government advocates saying the contention that notification is only recommendatory and that it does not bind the transfer committee while making decisions, appears attractive at the first blush.

The HC directed that teachers who were transferred by recommendation of MPs and MLAs would continue in their present schools till the end of the academic year.

“Even if the transfer orders are set aside, those teachers who have reported for duty at the transferred places, should continue till after the expiry of academic year, so that the community of students is not put to prejudice,” the judgment says.