Karnataka HC Exempts Teachers Over 50 from ‘Excess Teacher’ Transfers

The High Court of Karnataka has ruled that female teachers aged over 50 and male teachers above 55 are legally exempt from being considered as ‘excess teachers’ during the process of rationalization and redeployment to other schools.

This decision enforces Section 10(1)(vi) of the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020, which mandates that authorities must adhere to this provision.

The ruling came as the court dismissed appeals filed by the Department of School Education, challenging the Karnataka State Administrative Tribunal’s orders. These orders had quashed the transfer of two teachers, Umadevi Hundarkar and Prabhavati Ronad, from their high schools in the Bagalkot district on the grounds of being ‘excess teachers’.

A bench of Chief Justice N V Anjaria and Justice S G Pandit emphasized that beneficial provisions must be implemented in favor of eligible teachers, even if they do not specifically request it. The division bench highlighted that this statutory provision grants teachers a right to protection under the Act.

The court also noted that the two teachers should not have been classified as excess and transferred, especially after they referenced the relevant Act provisions. Upholding the tribunal’s decision, the court underscored that age-based exemptions are a well-established practice, and the authorities should have considered the teachers’ valid and timely representations.

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