State of Karnataka v. Krishna Kumar

Civil Appeal · 2019 INSC 562Decided 23 Apr 2019
Civil Appeal Nos. 4089-4241 of 2019
Justice Arun Mishra · Justice Navin Sinha

Background

Under the Sarva Shiksha Abhiyan (SSA) scheme, certain government primary schools in Karnataka were upgraded to include 8th standard classes and renamed "Higher Primary Schools." In 2010, the State issued an office memorandum allowing teachers in these schools to seek "mutual transfers" with other teachers. A group of teachers challenged a clause of this memorandum before the Karnataka Administrative Tribunal, arguing that transfers should instead follow the separate Karnataka Civil Services (Regulation of Transfer of Teachers) Act, 2007. The Tribunal struck down the mutual-transfer clause, and the High Court upheld that decision, prompting the State to appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that the SSA Scheme is an independent, centrally funded scheme created to broaden access to education in rural areas, and the "hybrid" higher primary schools created under it were not strictly governed by the 2007 Transfer Act and its rules. Since mutual transfer under the memorandum operated only with the voluntary consent of both teachers involved and did not adversely affect pay or seniority, it could not be called arbitrary, and the government was entitled to issue such executive instructions in the absence of a contrary statutory provision. The Tribunal and High Court had erred in quashing the clause, so the Supreme Court set aside their orders and allowed the State's appeals, with no order as to costs.

Lesson Learnt

Government departments can validly issue executive instructions (such as a transfer policy) to address an independent scheme's practical needs, so long as no statute expressly covers the same ground and the policy does not infringe the employees' core service conditions: a voluntary, consent-based mechanism like mutual transfer is unlikely to be struck down as arbitrary.

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