Observing a recurring trend of ReT teachers avoiding postings in far-flung areas, the Central Administrative Tribunal (CAT) in Srinagar has said such practices mar the entire educational scenario and discipline, defeating the very purpose of area-specific appointments.
A Bench of M S Latif, Member (Judicial) made the observations while dismissing a teacher’s plea, seeking inter-district transfer from Anantnag to Srinagar on health and other grounds.
“I am reminded by the slogan of the Directorate of Education ‘Light to enlighten’. When we light then only can we enlighten and what is the light which enlightens is imparting education, which otherwise is a fundamental right, particularly for those who are downtrodden and do not have easy access or availability to private schools nor have they any means, as such, unfortunately, the very purpose sought to be achieved by making such appointments is defeated”, the Tribunal said.
The Tribunal reiterated that courts have limited powers to interfere in transfer matters and can only do so in cases involving mala fide intent, violation of statutory provisions, or orders passed by an incompetent authority.
The petitioner, appointed as a Rehbar-e-Taleem (ReT) teacher in a remote area of Anantnag, had sought transfer, citing medical issues and her husband’s posting in Srinagar. However, Tribunal observed that although the teacher was temporarily deployed in Srinagar in 2017, she had been formally relieved in 2018 and directed to resume duties at her original place of posting.
The Tribunal noted discrepancies regarding her continued presence in a Srinagar school raise questions about the authority under which she remained posted there.
Highlighting the broader impact, the tribunal pointed out that such instances adversely affect schooling in rural and far-flung areas. In the present case a school in Anantnag had remained without a teacher for nearly nine years, defeating the objective of providing education in underserved regions, it noted.
The Bench underscored that while personal hardships, including health concerns, deserve due consideration, administrative and public interest, particularly the right to education of children must prevail.
Dismissing the petition, the Tribunal granted liberty to the petitioner to approach the competent authority afresh for redressal of her grievances.
It further directed the education department to conduct periodic reviews and ensure strict compliance with transfer and deployment orders to prevent disruption in schooling, especially in remote and underserved areas.
