Allahabad High Court Summons UP Basic Education Board Secretary for Denying Cancer-Stricken Teacher’s Transfer Plea
By Rajesh Pandey
The Allahabad High Court has taken strong exception to the conduct of the Uttar Pradesh Basic Education Board and has directed its Secretary, based in Prayagraj, to personally appear before the court on November 25.
The directive came after the court found the officer’s explanation unsatisfactory regarding the rejection of a transfer request filed by a teacher battling cancer.
Court Shocked at Rejection Despite Clear Directions
The case concerns Kalpana Sharma, an assistant teacher posted at a Junior High School in Shahjahanpur.
She is undergoing treatment for breast cancer and receiving chemotherapy at Max Cancer Centre in Ghaziabad.
Because of her medical condition, she requested a transfer to Ghaziabad so she could continue her treatment without the hardship of long travel.
Last year, in September, the High Court had already directed the education authorities to consider her representation “sympathetically”, given her critical health condition. However, despite this explicit instruction, her request was turned down.
Rejection on Technical Grounds Draws Court’s Ire
Justice Prakash Padia, who heard the matter, expressed deep dissatisfaction and surprise at the reasoning used by the Secretary to deny the transfer.
The Board argued that the transfer could not be permitted because the school where Sharma currently works has only two teachers, and under state policy, schools with 36 or more students must have at least three teachers.
The court questioned the logic of such reasoning, pointing out that it regularly encounters cases from across Uttar Pradesh where even schools with more than 36 students often have only one teacher.
The judge noted that using such a technical ground — especially for a teacher suffering from a life-threatening illness — reflects insensitivity and disregard for both the court’s order and human compassion.
Court Finds Explanation Unsatisfactory
In its order dated November 20, the court stated: After going through the same, the court is not at all satisfied with the explanation as has been given by the Secretary of the Board in the aforesaid affidavit.”
The court noted that its earlier directive for sympathetic consideration had been ignored, forcing the petitioner to file the present petition.
Secretary Ordered to Appear in Person
Given the unsatisfactory explanation and the apparent disregard of judicial directions, the court has summoned the Secretary to appear in person on November 25, signaling the seriousness with which it views the matter.
The High Court’s move underscores the importance of humane decision-making in administrative matters, especially when dealing with individuals facing serious health conditions.
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