Transfer of teachers: Telangana HC modifies earlier order, gives government go-ahead

Telangana: Telangana High Court on Wednesday gave a go-ahead to the government to transfer the teachers working in various schools in the state.

A division bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar modified its earlier interim order passed wherein the government was restrained from transferring teachers.

The government teachers had challenged the constitutional validity of the Telangana Teachers Regulation of Transfers rules, 2023 made through GO.Ms.No.5.

Further, the rules which are made to transfer the teachers were not placed before the Telangana Legislative Assembly.

The Court permitted the government to transfer the teachers in tune with Rule 6(10) of the rules cited, which includes the cases of such teachers whose spouses are working in the state government, local bodies, central government, PSUs, aided institutions, etc.

The Court did not give any relief to the teacher's unions, which had challenged the rules seeking some special points for the office bears. “Prima Facie, this court does not find any justification for providing a grant of special points to the office bearers of the Teachers Association to the extent of 10 points sought by the Teachers Association,” the order said.

J. Ramchander Rao, Additional Advocate General informed the Court that the rules have been framed as per the powers conferred under the Telangana Education Act, 1982, and under the proviso to Article 309 of the Constitution, which was an inadvertent decision.

The rules made under Telangana Teachers Regulation of Transfers rules, 2023 made through GO.Ms.No.5 dated 25-1-2023, through which guidelines are created to effect the transfers of the Government Teachers across the State are special rules for the purpose of effecting transfers.

Further, he informed the Court that Section 99 of the Telangana Education Act, 1982 makes it a mandatory requirement that every rule made under the aforesaid Act shall immediately after it is issued, be laid before the floor of the State Legislature.

Accordingly, the rules had been placed before the House in August this year when the Assembly was in session.

This contention of the Additional AG was opposed by Chikkudu Prabhakar, counsel for the petitioners in the batch of writ petitions by stating that though the rules were placed before the House, no discussion took place.

The Court was hearing the batch of writ petitions filed by teachers (Head Master / Head Mistress Gr.II Gaz., School Assistants/SGTs, and other equivalent posts) working in various Government schools of the Telangana State, challenging their transfers.

In addition, the petitioners challenged the Constitutional validity of the Telangana Teachers Regulation of Transfers rules, 2023 made through GO.Ms.No.5 dated 25-1-2023.