Chapter VI NATURE OF TRANSFERS

Administrative Transfers :

1. (1) The Government or the Competent Authority may transfer any teacher/employee in public interest, administrative exigency, or institutional necessity in accordance with the provisions of this Act and the rules made thereunder.
2. (2) An administrative transfer shall be an incidence of service and shall not be deemed punitive, unless expressly ordered as a penalty under the applicable disciplinary rules.

Grounds and Effect of Administrative Transfer :

1. (1) An administrative transfer may be effected in order to-
   • (a) ensure uninterrupted academic functioning;
   • (b) maintain discipline and administrative control;
   • (c) correct staff surplus or shortage and ensure rational deployment;
   • (d) comply with staffing norms, subject requirements, or institutional needs; or
   • (e) fill vacancies arising from retirement, promotion, deputation, suspension.
2. (2) An administrative transfer may be ordered notwithstanding-
   • (a) minimum tenure requirements; or
   • (b) the annual transfer calendar.
3. (3) No prior notice or consent of the teacher shall be required for an administrative transfer without prejudice to the principles of natural justice where punitive consequences are involved.

Finality and Limited Challenge :

1. (1) No teacher/employee shall claim as a right to remain posted at a particular station on grounds of personal inconvenience or hardship.
2. (2) An administrative transfer shall be presumed to have been made in good faith and in public interest.
3. (3) Interference with an administrative transfer shall be limited to cases of-
   • (a) lack of authority;
   • (b) proven malafide; or
   • (c) violation of an express provision of this Act.

Restriction on Posting of Teachers/employees facing charges under the Protection of Children from Sexual Offences Act, 2012 (POCSO) :

1. (1) Notwithstanding anything contained in this Act or any other law for the time being in force, where a Teacher or Head of Institution
   • (HoI) or any other category of employee is facing charges or criminal proceedings under the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012), or in any case relating to sexual abuse of a child, such Teacher or HoI or employee shall not be posted-
   • (a) to the same school/office or any nearby school/office
   • (b) within the same Block, Circle, Municipality or equivalent local jurisdiction;
   • (c) to any Girls' School or any school predominantly attended by girl students.
2. (2) Such Teacher or HoI or employee shall be posted to a school situated at a distant place, as determined by the Competent Authority, in the interest of child safety and public interest.
3. (3) A Teacher or HoI or employee covered under sub-section
4. (1) shall not be eligible to seek transfer on request during the pendency of such criminal proceedings.
5. (4) Any posting made under this section shall be administrative and interim in nature and shall not be construed as punishment.
6. (5) Upon conviction under the Protection of Children from Sexual Offences Act, 2012, the service of such Teacher or HoI or employee shall be governed by the applicable service and disciplinary rules.
7. (6) Nothing contained in this section shall limit the power of the Government or the Competent Authority to place such Teacher or HoI or employee under suspension or initiate departmental proceedings in accordance with applicable service rules.

Transfers on Request :

1. (1) Transfer on self-request or mutual request may be considered, subject to-
   • (a) fulfillment of prescribed eligibility conditions;
   • (b) availability of a sanctioned vacancy; and
   • (c) administrative feasibility.
2. (2) A self-request transfer may be considered on grounds of-
   • (a) medical condition of the teacher/employee or spouse, duly certified;
   • (b) spouse ground, where both spouses are regular employees of the Education Department of the State; or
   • (c) exceptional humanitarian grounds as may be prescribed.
3. (3) Consideration of a request under this section shall not confer any vested or enforceable right.

Time-limit for Joining on Transfer/employee or Posting :

1. (1) Every teacher/employee transferred or posted under this Act shall join the new place of posting within fifteen
2. (15) days from the date of issue of the transfer or posting order.
3. (2) The Competent Authority may, for reasons to be recorded in writing, grant extension of time for joining in exceptional circumstances.
4. (3) Failure to join within the period specified under sub-section (1), without approved extension under sub-section (2), shall constitute non-compliance and may invite action under the applicable service rules.

No Vested Right :

Posting and Transfer of NCC and Scouts and Guides Teachers Posting and Transfer of NCC and Scouts and Guides Teachers :

1. (1) Every teacher functioning as a National Cadet Corps
   • (NCC) Officer shall, as far as practicable, be posted to a Government school where an NCC unit is sanctioned and functional, subject to availability of vacancy.
2. (2) Where no vacancy is available in a school having an NCC unit, the Competent Authority may permit such teacher to continue in the present school, subject to administrative feasibility.
3. (3) Where disciplinary or vigilance proceedings are pending or contemplated against a teacher functioning as an NCC Officer, such teacher may be transferred in public interest or administrative exigency.
4. (4) Teachers operating Scouts and Guides units for such minimum period as may be prescribed shall be eligible for consideration in matters of transfer in accordance with the rules made under this Act.
5. (5) Nothing contained in this section shall confer any vested or enforceable right to posting or continuation at a particular school.
6. (6) Notwithstanding anything contained in this section, the Government or the Competent Authority shall retain the power to transfer any teacher in public interest or administrative exigency.