Thursday, March 14, 2019

HC issues guidelines for transfer of state govt school teachers

TIMES NEWS NETWORK

14.03.2019

The Madurai bench of the Madras high court has criticized the state school education department for irregular transfers of teachers on administrative grounds and issued a set of guidelines to be adopted by the department for transfer counselling.

The court made the statement after taking note of a submission by the school education department. Of the 1,181 transfers of government school teachers in 2018 on ‘administrative grounds’, several were on the basis of requests made by teachers indicating schools of their choice, the department had said.

Among the new set of guidelines, the court held that teachers who were not given transfer during the general transfer counselling should not be given transfers on administrative ground during the relevant academic year.

According to the detailed guidelines, the applicant must have worked for a minimum of one year in the present school to be eligible for general transfer. However, no such norms were framed for transfers on administrative ground.

The guidelines are in response to a petition which claimed irregularities in the transfer of teachers and sought a probe by the Directorate of Vigilance and Anti-Corruption (DVAC) into alleged irregularities in transfer and postings. After perusing the submissions made by the petitioner, K K Ramesh, and that of the state, a division bench of Justice K K Sasidharan and Justice P D Audikesavalu held that though records show irregular transfers made on administrative ground, there are no material before the court to prove the motive or to substantiate the ground taken by the petitioner that such transfers were made for “other reasons” and hence, a DVAC probe cannot be suggested.

“The annual transfers including the vacancies due to promotion/upgrading of schools must only be on the basis of general counselling,” the bench said. It then directed the department to issue the GO for general counselling sufficiently in advance.

The education secretary has been directed to ensure authenticity of the lists of vacancies and of transfers made pursuant to general counselling and to publish the same on the website without delay, the court said. “In order to fill subsequent vacancies, including those due to voluntary retirement, death, resignation, promotion and upgradation of schools, there should be at least two counselling sessions, preferably one in August and another in September, after the general counselling in June,” the court said. It also held that the clause allowing administrative transfer should not be invoked for transfers to fill vacancies as a result of promotions or upgrading of schools.

To fill subsequent vacancies... there should be at least two counselling sessions, preferably in August and in September, after the general counselling in June

Madurai bench

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