Karnataka HC Upholds Protective Legislation for Senior Teachers

The Karnataka High Court has ruled that female teachers over 50 and male teachers above 55 are exempt from being considered 'excess teachers' during rationalisation and redeployment processes. This decision emphasizes Section 10(1)(vi) of the Karnataka State Civil Services Act and dismisses appeals from the Department of School Education.

The Karnataka High Court has affirmed that female teachers aged over 50 and male teachers above 55 are legally exempt from being deemed 'excess teachers' during the rationalisation and redeployment process in schools.

This decision reaffirms Section 10(1)(vi) of the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020, which requires authorities to honor such exemptions. The ruling dismisses the Department of School Education's appeals against the Karnataka State Administrative Tribunal's verdicts quashing the transfer of two teachers cited as 'excess'.

A division bench, including Chief Justice N V Anjaria and Justice S G Pandit, highlighted that this statutory protection must be implemented for eligible teachers without them having to request it. The court stressed that the two teachers should not have been transferred, noting the authorities failed to consider the timely and valid representations provided by the teachers, thereby upholding the tribunal's decision.

(With inputs from agencies.)