Bengaluru: There is a recent judgment of the Karnataka High Court in the matter of transfers, mainly of teachers, particularly those above the age of fifty. The recent Court year decision that female teachers who are more than 50 years of age and male teachers who are more than fifty-five years of age shall not be considered to be ‘excess teachers’ in the rationalization and redeployment process. This further solidifies Section 10(1)(vi) of the Karnataka State Civil Service (Regulation of Transfer of Teachers) Act, 2020, which prescribes these age-based exceptions to be followed.
This was with respect to appeals by the Department of School Education after the tribunal issued some orders that had been strongly opposed. The tribunal had earlier set aside transfers of two teachers, Umadevi Hundarkar and Prabhavati Ronad, who transferred on stunning charges as ‘excess teacher’ from their high schools in the Bagalkot district. The court endorsed the upbeat ruling of the tribunal while urging legal application to preserve deserving teachers from unfavorable transfer.
Karnataka HC Emphasis on Statutory Rights
The division bench of the Hon’ble Chief Justice N. V. Anjaria and Justice S. G. Pandit pointed out that there is only a benefit that one can derive under the procurement of the Act, and that benefit must go to qualified teachers whether they have sought such protection or not. The bench highlighted the fact that this title is a right that should be honored so as to give teachers proper treatment.
The court pointed out that Umadevi Hundarkar and practicing teacher Prabhavati Ronad could not have been considered excess teachers, especially when they relied on the protective provisions of the Act. The bench also pointed out that exemption on the basis of age is well known and should have been taken into consideration.
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