Supreme Court: Teachers cannot claim inter-district transfer as a right

The case concerns a dispute over an inter-district transfer request for a female teacher, where the Supreme Court reviewed whether the rejection of her transfer constituted contempt of court and whether she could claim such transfer as a right.

Who it concerns: Appellant: Pratap Singh Baghel (Secretary, Board of Basic Education, Prayagraj, Uttar Pradesh); Respondent: Akanksha Shukla (Teacher); Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran.

What the court decided

• The Court found no contempt in the order rejecting the transfer.
• The Court set aside the High Court's order.
• Contempt Application (Civil) No.236 of 2024 was closed.
• The appeal was allowed.
• Pending applications, if any, were rejected.

Also in the document

• The Court held that a teacher cannot claim inter-district transfer as a matter of right, especially when it involves a change of cadre.
• The Court noted that the educational system is primarily for students and that transferring the teacher would disrupt studies due to insufficient staff levels mandated by the Right of Children to Free and Compulsory Education Act, 2009.
• The Court stated that Rule 8(2)(d) of the U.P. Basic Education (Teachers)(Posting) Rules, 2008, is a relaxation for women but cannot jeopardize student studies.