Latest News
Back
Document:
Teacher’s Cartel and Malafide Transfer Around Urban Areas- HP High Court Asks to Take Requisite Steps
The High Court of Himachal Pradesh, Shimla, in the case of Sheela Suryavanshi, showed its concern to ensure the Rule of law and to see that the executive acts fairly and gives a fair deal to its employees consistent with the requirements of Articles 14 and 16 of the Constitution.
Facts:
Sheela Suryavanshi is a Lecturer (English), who joined Government Senior Secondary School, Sanjauli, and was thereafter ordered to be transferred vice private respondent and aggrieved thereby has filed the instant petition for quashing and setting aside of the transfer order. Petitioner contended that the order of transfer was not sustainable, as it had been passed on extraneous consideration and with malafide intention to simply adjust another person.
The Court referring to various Supreme Court judgments and the Black’s Law Dictionary on the meaning of malafide said that the principal test of a due and proper exercise of the power is to ask the question: "Was the transfer made for real administrative exigency?"
It needs to be emphasised that in the present context malafide is not limited to the personal malice of the authority making the transfer. Malafide has two components i.e. malice in law and malice in fact. Based on this exposition of law, the transfer was not on administrative exigency, but to adjust and accommodate another person (respondent no. 3), and hence was held to be malafide.
The court further noticed that, "because of cartel created by few of the employees serving in the urban and semi-urban areas of Himachal Pradesh, the influential employees manage to secure their postings in and around urban areas, leaving practically no room for the other employees."
Further, the State is required to adopt a fair and transparent policy of transfer by calling for the details of all the teachers whose children are to appear in the Board exam or examination for professional courses like MBBS, AIEEE etc. This would not only bring about an end to the monopoly created in favour of few teachers but would also ensure benefit to the student community as a whole.
The Central Government, State Governments and likewise all public sector undertakings are expected to function like a ‘model employer’.
The High Court in the case held that “Granting indulgence to any of the parties, in this case, would be causing manifest injustice to other teachers who are desirous of serving in Shimla and other district and tehsil headquarters but have failed mainly because of the cartel formed by the influential teachers like the parties in the instant case.”
Before parting, we hope and trust that the respondents would take all requisite steps to break the cartel and as far as possible ensure that maximum number of teachers, especially those whose children are to appear in the Board examination and examination for professional courses are afforded an opportunity to serve in the district and tehsil headquarters or wherever requisite infrastructure like adequate band width, facility of tuition etc. are available.
The petition was disposed of directing the respondent to make meaningful transfers and not based on the amount of adjustment.
Document:
