Reprehensible To Prioritise One's Comfort Over Students' Interest: Himachal Pradesh HC Rejects Teacher's Plea Seeking Transfer To Favourable Station

The Himachal Pradesh High Court recently dismissed the petition of a 48 years old teacher, seeking transfer to a favourable station.

A Division Bench of Justices Tarlok Singh Chauhan and Virender Singh said it is reprehensible that instead of being thankful to the almighty for providing her with the government job, the petitioner is trying to seek comfort.

The bench continued that Education Department is one of the biggest litigants before it and majority of these writ petitions only relate to the transfer and adjustment of the teachers.

"To be a teacher is a sacred mission. Dedication to the cause of education is the hallmark of teacher. Teachers, in our perspective, are men of character, honesty, simplicity and dedication. Their mission is to dedicate their lives to brighten the lives of the younger and impressionable generation. Such persons entrusted with the running of the school, and universities should not forget their real roles. They should work for the upliftment of the education."

The petitioner is a teacher, appointed TGT (Arts) and posted at GSSS Kotkhai, Shimla. The present petition was filed seeking her transfer to a station of her choice. She sought the transfer on medical and humanitarian grounds, stating that both she and her husband suffer from a medical condition and her mother-in-law is ageing, which makes it difficult to manage. However, the Court held that none of the grounds stated is sufficient to accede to the request. It noted,

"None of the grounds on which the transfer is sought for can be held to be sufficient enough to accede to the request of the petitioner. Once the petitioner is currently aged about 48 years, it requires no rocket science to assume that her in-laws, especially, mother-in-law, would obviously be in the 80's and would also be facing age related issues but this is probably too for all those employees who are fortunate to have the parents, in-laws or any of them alive."

The Court referred to the case of Avinash Nagra v. Navodaya Vidyalaya Samiti & Ors (1997), where the Supreme Court discussed the role of a teacher in education. It held that it is the duty of the teacher to take care of pupil(s) as a careful parent would take care of its children, and noted that,

"The teacher in Indian society has been elevated to a higher position than God. A teacher creates knowledge, learning, wisdom and equip the students with ability and knowledge, discipline and intellect to enable them to face challenges of the life. A teacher is preserver of learning and destroys ignorance. Therefore, as a member of the noble teaching profession, he should be a role model. Without a dedicated and disciplined teacher, even the best education system is bound to fail."

The Court expressed concerns about the lamentable state of affairs that teachers are looking after their own self-interest alone and not in the pupils' interest. It also referred to the case of Sushmita Badi v. Ballygunge Siksha Samity (2006) which also discusses the role of a teacher and had noted that,

"The teachers of today must ensure that this great Indian concept and the reverential position they hold, is not sacrificed at the altar of avarice."

The Court observed that the future hopes and aspiration of the country depends on education; therefore, it is imperative that proper and disciplined functioning of the educational institutions. More particularly, the teachers should be the hallmark. If the teachers themselves erode the laws and principles, then it not only pollutes the institution's functioning, deteriorates its standard but also exhibits to its students the wrong channel adopted, it added. If that is so, how could such educational institutions? It noted,

"It is the educational institutions which are the future hope of this country. They lay the seed for the foundation of morality, ethics and discipline. If there is any erosion or descending by those who control the activities, all expectations and hopes are destroyed."

The Court held noted that to provide a conducive ambience and environment to students, teachers with a particular frame of mind are required and whose priority is to ensure the mental and physical well-being of the children. "They are expected to imbibe the right values from the teachers who naturally become their role models. Sincerity and dedication to their chosen profession are the hallmark of such teachers," the Court added.

Case Title: Anita Kumar v. State of Himachal Pradesh & Anr.

Citation: 2022 LiveLaw (HP) 34

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