UPTET : 2019 में कोर्ट ने क्यों UP Basic शिक्षकों के ट्रांसफर / समायोजन रोक दिए थे
The High Court of Allahabad, in the case of Jamuna Rani Das and 56 Others vs. State of U.P. and Others (WRIT - A No. 19110 of 2018), addressed the petitioners' challenge to the Government Orders dated 20.07.2018 and 03.08.2018, as well as the transfer/samayojan (adjustment) orders issued on 24.08.2018 by the District Basic Education Officer of Rampur.
The primary issue in this case revolves around the legality of these government orders concerning the transfer and adjustment (samayojan) of teachers. The petitioners contended that these orders violated statutory provisions, particularly the Right of Children to Free and Compulsory Education Act, 2009, and the associated rules, including the Right of Children to Free and Compulsory Education Rules, 2010 and the U.P. Basic Education (Teachers) Service Rules, 1981.
Key points highlighted by the Court:
Violation of Statutory Law: The Court observed that the Government Order dated 20.07.2018 and circular dated 16.08.2018 violated statutory provisions because executive instructions cannot override laws made by rule-making authorities. In this case, the Government Order conflicted with the pupil-teacher ratio requirements mandated by the Right to Education (RTE) Act, 2009, which ensures a specific ratio of teachers to students in schools.
Public Interest and Pupil-Teacher Ratio: The Court emphasized that the transfer/adjustment policy based on the "last in, first out" principle failed to maintain the proper pupil-teacher ratio, which is essential for fulfilling the objectives of the RTE Act. The State's policy neglected the requirement of maintaining this ratio, thereby undermining the quality of education provided to children.
Faulty Policy: The Court ruled that the State Government's transfer/adjustment policy was faulty because it prioritized administrative grounds or exigencies over the rights of children to receive quality education as per the RTE Act. Therefore, the policy was found to be arbitrary and contrary to the statutory framework established under the Act and associated rules.
Quashing of Government Orders: As a result, the Court quashed the Government Order dated 20.07.2018 and the circular dated 16.08.2018, along with all the transfer/adjustment orders issued under those government instructions. The Court held that the State Government must formulate a new policy that complies with the provisions of the RTE Act, 2009, the RTE Rules, 2010, and the U.P. Basic Education (Teachers) Service Rules, 1981.
Conclusion:
The High Court's decision to stop the samayojan (transfer/adjustment) of teachers was based on the State Government's failure to maintain the legal requirements of pupil-teacher ratios, which are crucial for ensuring free and compulsory education under the RTE Act. The policy was found to be arbitrary and in violation of statutory provisions, leading to the quashing of the relevant government orders and transfer decisions
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