Shreya Gupta
On 16th May 2025, in the case of Smt. Gauri v. State of Rajasthan & Ors., the Rajasthan High Court quashed the transfer order of a Grade III teacher, Gauri, whose subject designation was arbitrarily changed from Social Studies to English.
Gauri, appointed in 2006 without a subject specification, had completed her graduation with History and Economics as optional subjects and English as a compulsory subject. Based on this academic background, she was assigned Social Studies as her teaching subject. However, in 2019, following a change in the staff structure, she was erroneously declared surplus and transferred twice, both times being categorized as an English teacher. Despite submitting representations to correct the error, no action was taken by the authorities.
Consequently, Gauri approached the Rajasthan High Court, but a Single Bench dismissed her petition, stating that her role did not carry a specific sub-designation and subjects could be allocated as per institutional needs. On appeal, the Division Bench of Justices Shree Chandrashekhar and Justice Sandeep Mehta found merit in her grievance, recognizing that compelling her to teach a subject for which she was not academically qualified could result in adverse civil consequences, such as departmental proceedings, if she failed to meet teaching standards.
The Court also emphasized that this misassignment would deprive students of instruction by a qualified teacher, violating their fundamental right to education under Article 21-A of the Constitution. The Bench examined the 2016 guidelines issued by the Director of Primary Education, Bikaner, which clarified that a teacher’s subject designation must be based on optional subjects studied during graduation, not compulsory ones.
Additionally, Rule 266 of the Rajasthan Panchayati Raj Rules and provisions under the Rajasthan Educational (State and Subordinate) Services Rules, 2021, were reviewed, both of which supported the appellant’s case. These rules clearly require that a teacher must possess qualifications in the specific subject they are assigned to teach. Recognizing the transfer as punitive and made with malice in law, the Division Bench overruled the single judge’s order and directed the State to post the appellant at the same or a nearby location where she would be teaching Social Sciences, thereby aligning her posting with her qualifications and preserving both her professional integrity and students’ rights.
Case Title: Smt. Gauri v. State of Rajasthan & Ors.
Case Number: D.B. Spl. Appl. Writ No. 459/202
Bench: Justice Shree Chandrashekhar and Justice Sandeep Mehta
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