India Shailaja v. State of Telangana
Case brief
What is this about?
This common order addressed three writ petitions challenging a transfer rule that granted extra points only to teachers whose spouses worked within the same district. The Court declined to examine the rule's validity directly but directed the competent authority to consider the petitioners' requests for rule relaxation under Rule 31 of subordinate service rules based on individual merit.
What did the court decide?
Petitioners permitted to submit representations to competent authority for relaxation under Rule 31; authority to pass orders and communicate by 20 June 2018.
What the court decided
THE HON’BLE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON’BLE MS. JUSTICE J. UMA DEVI
W.P.Nos. 19059, 19319 and 19333 of 2018
COMMON ORDER:
(Per Hon’ble the Acting Chief Justice Ramesh Ranganathan)
In these three writ petitions the validity of Rule 6 (II) (c) of the Telangana Teachers (Regulation of Transfers) Rules, 2018 (hereinafter called “the 2018 Rules”), notified in G.O.Ms.No. 16, School Education (Ser.II) Department, dated 6.6.2018, is under challenge as being arbitrary and illegal.
The 2018 Rules were made, by the Government of Telangana, in the exercise of the powers conferred by Sections 78 and 99 of the Telangana Education Act, 1982 and Article 309 of the Constitution of India, and in supersession of all other earlier Rules and Guidelines. Rule 2 of the 2018 Rules stipulates that all transfers shall be made by way of online/web counseling for each erstwhile district/existing zone. Rule 6 relates to entitlement of points, and Rule 6 (II) to Special Points (Extra Points). Rule 6 (II) (c) of the 2018 Rules stipulates that Ten (10) points shall be given for Head Master/Head Mistress Gr.II (Gazetted)/Teacher, whose spouse is working in the State Government or the Central Government or a Public Sector Undertaking or a Local Body or an Aided Institution in the same District, and has opted for transfer nearer to and towards the place of working of his/her spouse. The benefit of spouse points is made applicable to Head Master/Head
2
Mistress Gr.II (Gazetted) once in (5) years, and Teachers once in (8) years. An entry is required to be made in this regard in the Service Book. A copy of the Certificate, issued by the competent authority, is required to be enclosed to the application to consider cases under this category.
Issues for consideration
3 issues framed by the court
Whether Rule 6(II)(c) of the Telangana Teachers (Regulation of Transfers) Rules, 2018, which confers extra points only for spouses working in the same district, violates Article 14 by discriminating a
Whether the competent authority should be directed to consider relaxation of the transfer rules under Rule 31 of the Telangana State and Subordinate Service Rules, 1996, for teachers seeking transfer
Whether the Court can direct the authority to examine individual claims of undue hardship and public interest regarding relief under Rule 31.
Parties & counsel
- petitioner
Petitioners in W.P.Nos. 19059, 19319 and 19333 of 2018
- respondent
State of Telangana
Coram
Ramesh Ranganathan
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · June
- Registered
- Case no.
- WP/19333/2018
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