Patna: The Patna High Court has stayed the ongoing transfer of teachers in Bihar until further orders, preventing the transfer of teachers currently classified as surplus in government schools.
The court has also sought a response from the Samrat Chaudhary-led Bihar government within four weeks on the issues raised over the transfer process.
Justice Ajit Kumar passed the order on Monday while hearing a petition filed by Narendra Kumar Nand and others.
Petition Challenges Surplus Teacher Criteria
The petitioners raised concerns over the process used to identify teachers as surplus and determine their new postings.
The court was told that several discrepancies had emerged in the process and that the system lacked transparency, leaving scope for arbitrary decisions.
The petitioners also argued that the transfer process was causing mental and financial distress to a large number of teachers. They challenged the criteria being used for transfers and pointed out that some teachers were being posted to remote areas, potentially affecting both their professional responsibilities and family lives.
After hearing arguments from both sides, the High Court ordered that the transfer process be halted for the time being. No teacher classified as surplus can be transferred until further orders.
The state government has been directed to submit its detailed response within four weeks.
Transfer Drive Began On July 29
The Education Department began the process of transferring teachers in Bihar’s government schools on July 29.
The first phase focused on teachers identified as surplus as part of a rationalisation exercise. Applications had already been invited from eligible teachers.
Education minister Mithilesh Tiwari recently said that 73,151 teachers had applied for transfers under the rationalisation process. The number of teachers identified as surplus across government schools is estimated to exceed 100,000.
The Education Department had been preparing lists for transfers and new postings, but the process has now been stalled by the court order.
General Transfers Could Also Face Delay
The Education Department had set October 31 as the deadline for completing the overall teacher transfer process.
The transfers were planned in phases, beginning with surplus teachers and followed by mutual transfers. Applications for general transfers were scheduled to open from September 17.
However, the stay on transfers of surplus teachers could affect the department’s broader timetable, potentially delaying the subsequent phases of the transfer exercise.
