Teachers above 50 years of age exempted from 'excess teacher' transfers: Karnataka HC
The Karnataka High Court has ruled that female teachers aged over 50 and male teachers above 55 are exempted in law from being considered as 'excess teachers' during the process of rationalisation and redeployment in 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 honour this provision.
The court's decision came while dismissing the appeals filed by the Department of School Education, which had challenged 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 Bagalkot district on the grounds of being 'excess teachers'.
A division bench comprising Chief Justice N V Anjaria and Justice S G Pandit, emphasised that such beneficial provisions must be implemented in favour of eligible teachers, regardless of whether they have specifically requested it. The bench highlighted that this statutory provision grants a right to the teachers to be protected under the Act.
The court also noted that the two teachers should not have been classified as excess and transferred, especially after they highlighted the relevant Act provisions. Upholding the tribunal's decision, the court underscored that age-based exemptions are a long-established practice and that the authorities should have considered the teachers' valid and timely representations.
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Opposition demands debate on Constitution in both Houses of Parliament
New Delhi (PTI): Opposition leaders on Tuesday demanded a debate on the Constitution in both Houses of Parliament, stressing it was needed in the light of the recent developments in the country.
Leader of Opposition in Rajya Sabha Mallikarjun Kharge said he and Lok Sabha Leader of Opposition Rahul Gandhi have written to the Chair in the two Houses requesting that a discussion should be held on the Constitution for two days in both Houses.
"Time should be allotted for that so that the good things about the Constitution can be discussed, and the wrong things that are happening today can also be discussed. Rahul Gandhi ji and I have written letters, we are waiting for the government's response," Kharge told PTI as the country celebrated the 75th anniversary of the adoption of the Constitution.
Senior Congress leader Digvijay Singh questioned if the Preamble of the Constitution is being implemented in letter and spirit.
"Are people getting justice, liberty? Is there freedom of expression? Where is fraternity? Only bowing to the Constitution will not lead to it being followed," he said.
Referring to the ruling Bharatiya Janata Party's slogan of 'Sabka Saath, Sabka Vikaas, Sabka Vishwaas, Sabka Prayaas', Singh said, "It will happen when confidence is instilled in every citizen from every community. Mr Prime Minister, follow what you are saying. Practice before you preach".
"Incidents like Sambhal are repeatedly occurring. I am surprised that even Supreme Court judges and our retired Justice Chandrachud overlook the laws of this country and state that surveys are permitted as it is a matter of faith... Every individual in this country has equal rights to practice their religion and faith. The growing disharmony is a threat to the nation," Singh told PTI.
Violence broke out in Uttar Pradesh's Sambhal on Sunday during a court-ordered survey of a Mughal-era mosque, which a petition had claimed was the site of an ancient Hindu temple.
Congress leader Gaurav Gogoi said there is precedence of debates being held in Parliament on occasions like the 125th birth anniversary of BR Ambedkar, and the 75th anniversary of Bharat Chhodo Andolan (Quit India Movement).
"We want both Houses to have a debate on the Constitution for two days so that all MPs get an opportunity to show their dedication to the Constitution and the country can see it," Gogoi told PTI.
"So both Leader of Opposition in both Houses have written to the Chair on this... It will send a good message to the country. We have discussed with all opposition leaders," he said.
According to sources, Congress Lok Sabha MPs K Suresh, Gaurav Gogoi and Manickam Tagore also met Speaker Om Birla over the demand for two-day discussions to celebrate 75 years of the Constitution.
