Top News

Prayagraj, 11 July. Expressing displeasure over the state government’s policy of transferring teachers of government secondary schools in Uttar Pradesh and declaring them surplus, the Allahabad High Court has stayed that part of the transfer policy of 2026 and the transfer orders issued thereunder, which violate the Right to Education Act.

Instructions to the Principal Secretary to give clarification within two weeks

The High Court has also expressed displeasure over the government repeatedly breaking its own old assurances and has directed the Principal Secretary to give an explanation by filing a personal affidavit within two weeks.

Justice Siddharth Nandan has given this order while hearing the petition of Vipin Kumar Arya. On behalf of the petitioner, the court was told that the state government had issued a guideline/circular on June 1 for the academic session 2026-27. In this policy, an old government order of November 20, 1976 has been taken to determine the surplus employees.

Under this policy, the petitioner was declared surplus and on June 30, he was transferred from Government Inter College Prayagraj. During the hearing, while presenting the records of the last several years, it was told that the government is repeating the same mistake every time. In 2017, when this mandate of 1976 was challenged, the court had held that it did not follow the student-teacher ratio prescribed in the Right to Education Act 2009. At that time, the government had given a formal affidavit in the court and promised that it would correct its mistake and conduct a fresh transfer exercise as per the rules of the RTE Act.

The High Court was also told that contrary to its promise, the government made policies on the same old 1976 pattern in 2018 and again in 2022, which the High Court banned in separate petitions. The petition filed in 2022 is still pending. Now in 2026, the government again issued a circular of June 1 without following the provisions of the RTE Act 2009.

When the court asked the government lawyer for a reply on this, he asked for time to get instructions. Expressing displeasure on this, the court said that despite the clear orders of the High Court and the affidavit given by the government itself, the officials are continuously violating the rules.

The court postponed till further orders the government order dated June 1, 2026 and the transfer order dated June 30, 2026 issued thereunder. Also said that the petitioner should not be stopped from working at his present place of posting i.e. Government Inter College Prayagraj and the transfer order should not be implemented. The court has ordered the concerned senior official of the state government to file a personal affidavit before July 28 and explain why the old assurances given in the court are being violated again and again.