Kendriya Vidyalaya Transfer Policy 2023 : Doctrine of Reasonable Classification and Doctrine of Non-Arbitrariness .

The Kendriya Vidyalaya Sangathan (KVS) is an autonomous body under the Ministry of Education, Government of India that operates 1253 schools, a chain of central government schools known as Kendriya Vidyalayas (KV) across India and abroad which are distributed amongst 25 regions,888 stations, with 5 ZIET’s with  36368 Teaching Employees, 5150 Non-teaching Employees, and 1425164 Students as per latest data on its website. These schools were formed initially primarily to cater to the educational needs of the children of government employees who are often transferred to different locations during their service.

To address the unique needs of such families, KVS periodically formulates and revises its recruitment and transfer policy from time to time. In 2023, KVS introduced its new transfer policy, which aims to ensure a balanced approach. This essay will delve into the key aspects of the policy, exploring how these doctrines have been violated by KVS in its formulation of recruitment and transfer policy, and examine relevant case laws to understand their impact on educational institutions' transfer policies.

Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It states: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." It is important to understand that Article 14 permits classification, so long as it is 'reasonable', but forbids class legislation. A classification of groups of people is considered reasonable when:

·       Cardinal Principles of Class legislation:

1. The classification is based upon intelligible differentia that distinguishes persons or things that are grouped from others that are left out of the group, and,

2. The differential has a rational relation with the objective of the act.

3. In addition, the classification must be non-arbitrary Supreme Court in E. P. Royappa (1973) provided guidance on the arbitrariness of an act: "Equality is a dynamic concept with many aspects and dimensions and it cannot be ‘cribbed, cabined and confined’ within the traditional and doctrinaire limits. From the positivistic point of view, equality is antithetical to arbitrariness. In fact, equality and arbitrariness are sworn enemies… Where an act is arbitrary, it is implicit that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14."

4. The Doctrine of Reasonable Classification is a fundamental principle enshrined in Article 14 of the Indian Constitution, which deals with the right to equality before the law. It states that any classification made by the state must be based on a reasonable objective and must have a rational nexus with the objective sought to be achieved. In the context of transfer policies in educational institutions like Kendriya Vidyalayas must ensure that decisions are not arbitrary but are founded on valid reasons to meet the administrative and welfare requirements of the institution and its stakeholders.

5.    The Doctrine of Non-Arbitrariness: The Doctrine of Non-Arbitrariness is an essential facet of Article 14, which mandates that state actions must not be whimsical, fanciful, or based on personal opinions. In the context of transfer policies, the Doctrine of Non-Arbitrariness ensures that decisions are objective, transparent, and devoid of any favoritism or bias. The policy must be well-defined and implemented consistently to avoid any perception of unfairness.

Ø The new Kendriya Vidyalaya Transfer Policy 2023 is violative of the above-mentioned cardinal Principles for the following reasons:

 

1.    When recruitment in Kendriya Vidyalayas were based on different sets of criteria can there be a single transfer Policy.

2.    Kendriya Vidyalayas at present have three different sets of employees which are:

a)    Those recruited before the BJP government came to power all having all India liability.

b)    Those recruited under a special Northeast recruitment drive in the name of imparting quality education to children studying in the Northeast.

c)    Those recruited under the Zonal recruitment drive in the name of having a lesser transfer of employees keeping in view NEP 2020.

3.    That Kendriya Vidyalaya teachers before this BJP Government came to power had only one category of teachers who were appointed on an India basis. These teachers once appointed were mostly given appointed in Priority areas i.e. 2 years at very hard stations and 3 years in hard stations. The earlier posting, tenure, and categorization of very hard and hard areas were largely based on the model of the Government of India categorization. Those completing their tenure used to get transferred in Metro cities and good Tier -1 towns and even those displayed were having the certainty to go back after completing their tenure.

4. Some officials of KVS with their reckless and mindless effort hand in glove with people having vested interest without any proper study and search made a mockery of the whole recruitment and transfer policy.

 

Ø  Recruitment in Kendriya Vidyalayas:

a)   In the recruitment for appointment of staff members during 2016-17 and their after under special northeast drive and on a zonal basis many bright applicants did not even apply because it had provisions that those appointed will have to serve only in those specific areas during their entire service life.

b)   But soon after within some weeks special consideration led to the transfer of the majority of these teachers (there are allegations of irregularity, corruption, etc in the public domain in all these recruitments which were never in any previous government including that of BJP) to metro areas, and plum postings within months of appointment filling all vacant seats, while those under northeast are still languishing with few exceptions.

c)    This unthoughtful full act and conduct of KVS have resulted in large-scale vacancies in the northeast, South, and large part of the country against which a large number of elected representatives, stockholders, and officials are continuously pressing officials of KVS.

d)   There are more than 50 and even more than 75 percent vacancies in the majority of schools in South, northeast, and other Priority areas, which forced KVS to issue a transfer order in mid of session to around 1500 Teachers to fill this vacancy in the majority of Schools in South, northeast and other Priority areas.

e)    Against this more than 100 litigations in went in several CAT benches and even High courts across India and which is still continuing.

f)     These transferred teachers mainly have already served at least once in hard or very hard areas.

g)    That KVS's new Transfer Policy aims to transfer mainly teachers who are on the verge of retirement, settled, and have already served in Priority areas i.e. 2 years at very hard stations and 3 years in hard stations getting displaced. As such possibility of more Court cases is in the pipeline at the cost of the public exchequer.

Ø    Suggested steps to avoid large-scale transfer and discontent amongst staff who have given their valuable life span in serving Kendriya Vidyalayas. These are the following points which need urgent attention.

1.   Vacancy in Priority areas and in the majority of schools in South, North East, and other Priority areas should be filled from those appointed during 2016-17 and thereafter under special Northeast drive and on a Zonal basis. These recruiters must be sent back to their respective areas without any further delay.

2.   That welfare of those recruited and appointed during 2016-17 and their after under special Northeast drive and on a zonal basis cannot be at the cost of other teachers.

3.   A CBI inquiry/Parliamentary scrutiny/Court monitor inquiry needs to be done if some malpractice or illegal means were adopted to benefit while recruiting and subsequently changing in terms and conditions of recruited and appointed during 2016-17 and their after under special Northeast drive and on zonal basis.

4.   Only one type of recruitment should be done and special relaxations in qualifications etc should be given to those who are willing to work in Priority areas.

5. Special drive should be done to bring parity and participation of candidates from Northeast, south and Kendriya Vidyalaya appointments should not be confined to candidates from north.

6.   All officers in Kendriya Vidyalayas specially those at the rank of Deputy Commissioners and above should be appointed in Kendriya Vidyalayas through contract or on a deputation basis. Those from KVS should be sent to other departments and similar organizations after being promoted to the post of Deputy Commissioners and above to bring fairness and reduce arbitrariness and avoid any conflict of interest.

7. All facilities provided to officers of Kendriya Vidyalayas must be withdrawn as when the lower category of staff members are not entitled to even Bonus or medical facilities in the name of autonomous bodies how can facilities of MACP, Medical, telephone, plum posting foreign tour at cost of public exchequer be extended to officers of Kendriya Vidyalayas.

Ø Conclusion: The relevant case laws further reinforce the importance of these constitutional principles in the context of transfer and recruitment policies in educational institutions like KVS, providing valuable precedents for the administration of Kendriya Vidyalayas and other schools across India. As KVS continues to evolve, it should remain committed to upholding Constitutional provisions, doctrines, and values providing an environment that fosters learning and growth for its students and employees alike. As an employee make this a political issue in the next election and let Government come clean on all recruitments done after 2016-17 and subsequent changes in terms and conditions. If you feel you are aggrieved, write representations through email/social media/ letter/Post Card to your local M.P., Ministers other elected representatives as those appointed after 2016-17 have done to pressurize Government.