The General Education department has withdrawn a circular issued on May 4 in connection with the transfer of higher secondary teachers. Teachers relieved from schools, but unable to join new schools in the wake of a transfer order in February, were asked to join the new schools immediately in the circular.
It cited a High Court order that an earlier Kerala Administrative Tribunal (KAT) order quashing the transfer of higher secondary teachers should not affect the transfers already made.
Teachers move KAT
However, the circular was challenged by teachers in the KAT. They sought contempt of court proceedings against Director of General Education (DGE) Shanavas S. who issued the circular despite the KAT cancelling the HSS teachers’ transfer list in April and directing the State government to issue a fresh transfer list for 2023-24.
When it became apparent that the KAT would go ahead with contempt proceedings, the DGE who appeared online claimed that the circular was not issued to disobey the orders of KAT or the High Court and would be withdrawn.
The government had brought out the final transfer list even as the KAT had temporarily stayed the transfer proceedings. Teachers had been relieved from schools on its basis. However, a section of teachers approached the tribunal which found the transfer process to be at odds with the transfer norms. This put some of the teachers who had been relieved from their schools in a fix for they could not join their new schools.
Some teachers then approached the High Court against tribunal order. It was on the basis of the High Court order that the DGE issued the circular on May 4.
Now that the circular has been withdrawn, there is uncertainty over the situation of teachers who had joined their new schools on its basis. The KAT will consider the case again on May 21.
Minister’s statement
Meanwhile, a statement quoting Minister for General Education V. Sivankutty here on Friday said only 389 teachers were left to complete the transfer proceedings, and this would be done subject to court orders.
As many as 8,007 higher secondary teachers were subject to general transfers. Of them, 7,618, including 413, who could not join their new schools owing to the KAT stay, had now shifted to their new schools.
Further steps on the norms for the transfer and transfer proceedings would be taken on the basis on court orders, the Minister said.
