Kendriya Vidyalaya Transfer Policy :Genesis ,Prospects and Solutions

 

Ø  Genesis:

• 1 The whole problem is those who are appointed in 2016-17 or thereafter either through zonal or in northeast special drive.
• 2.  Vested interests, and money are involved as many of these KVS employees who were appointed in 2016-17 or thereafter either through zonal or in northeast special drive are having side business well established in Delhi and other metro cities:

a)     Earning more than 10 lacs per month in addition to them getting a salary from KVS through social media, YouTube using the KVS logo, name, and pretending as KVS teachers for commercial gains. (Rates charged as per one PRT who runs a very famous YouTube channel vary from 100 to 2000 dollars per hour.)

b)      Coaching both online and offline as the name of KVS gives them proper recognition without which nobody will hire them. (One to ten lacs per course in coaching run by one PRT through a Pseudonymous name who runs a very famous YouTube channel vary from 100 to 2000 dollars per hour.)

c)     Other types of shops and businesses.

d)     Some Officers of KVS must be knowing all these and they are it is most likely getting their share that’s why no action is being taken.

• 3.     The very basis of their appointment was that they will serve in respective zones or in the northeast.
• 4.  The rules were relaxed within weeks of appointment at lightning speed which gives reasonable suspicion that many of them knew that this change is inevitable.
• 5.     Due to restrictions many bright and deserving persons especially women and from minority communities even did not fill out the form.
• 6.    Thousand of social media posts, letters, and representations led to this arbitrary change in transfer policy without any proper study and against even the Government of India's own guidelines.
•  

7.     Jurisdiction of the Courts –

1.     Concerned Central Administrative Tribunals or Principal Bench New Delhi if there are large number of Litigants.
2.      Concerned Hon’ble High Courts if Provisions of Transfer Policy are challenged.

8.     Cost involved in litigation:

a)     Central Administrative Tribunals-30-75 thousand with may increase range between 75 thousand to 1.5 lacs if filed in group depending upon Lawyer/Law Firm.

b)     Hon’ble High Courts-40-1 lacs with may increase range between 1-3 lacs if filed in group depending upon Lawyer/Law Firm.

c)     Supreme Court- 1-3 lacs with may increase range between 2-3 lacs if filed in group depending upon Lawyer/Law Firm.

 Note: Some lawyer may charge initially a lesser amount but will subsequently charge per hearing or occasion like for filing, for reply. The above price range is of complete case.

Ø  Chances of getting a stay or relief: Courts will normally admit cases that is 100 percent but.

      I.          Chances of getting a stay on transfer Policy from CAT.-.1%-KVS will challenge the order immediately in concerned High Court.

    II.          Chances of getting a stay on transfer Policy from any Hon’ble High Courts. -50%- KVS will challenge the order immediately in Supreme Court. -Only if a senior Advocate is part of the Writ whose fee is on per hearing basis ranging from 1.25 to 5 lacs.

  III.          Chances of getting a stay on transfer Policy from Supreme Court. -90% -Only if a senior Advocate is part of the Writ whose fee is on per hearing basis ranging from 2.25 to 7 lacs.

 

 

Ø  Possible reasons for not getting desired result or courts not inclined to grant relief:

 

      I.          Transfer Policy being a policy decision, courts cannot usurp the jurisdiction of decision makers in the garb of Judicial Review. Policy Decisions of the State are not to be disturbed/interfered with unless they are found to be grossly arbitrary or irrational has been held by Supreme Court of India in number of cases such as Vasavi Engineering College Parents Association Vs State of Telangana & Ors. Civil Appeal Nos 5133-35 of 2019 (arising out of SLP (C) No. 30090 of 2018), Islamic Academy of Education & Anr, Vs State of Karnataka & Ors., (2003) 6 SCC 697, Federation of Railway Officers Association & Ors. Vs. Union of India, (2003) 4 SCC 289.

    II.          The scope of judicial review in policy matters is no longer res integra. It is settled law that the Court would not ordinarily interfere with the policy decision of the executive unless the same can be faulted on the grounds of malafides, unreasonableness, arbitrariness or unfairness, in which case the policy would render itself to be declared unconstitutional. In State of Punjab & Ors. Vs Ram Lubhaya Bagga & Ors., (1998) 4 SCC 117, it was held thus;

a.     ........When Government forms its policy, it is based on number of circumstances on facts, law including constraints based on its resources. It is also based on expert opinion. It would be dangerous if Court is asked to test the utility, beneficial effect of the policy or its appraisal based on facts set out in affidavits. The Court would dissuade itself from entering into this realm which belongs to the executive. It is within this matrix that it is to be seen whether the new policy violates Article 21 when it restricts reimbursement on account of its financial constraints.

  III.          Some Central Administrative Tribunals or High Courts may grant stay against individual transfers but KVS as in present case will employ dirty tactics of delay or appeal in concerned High Courts. Concerned employ will be bar from filing the transfer forms in future as happened in present case.

 

Ø  Possible solutions for this problem:

1.       Form a single coordinated committee a file a single court case at one place as agreed to pool financial and other resources. 
2.         File Court case without any further delay as after transfer orders are issued any chances of success will reduce to the minimum.
3.           No Court will grant a stay and the case will be dragged on for months and years.
4.        Don’t file too many cases as any court denying any relief will be cited as precedent in other Courts while any adverse decision against KVS will be challenged in higher Courts.
5.        Even if you succeed precious months and years will be lost and KVS in the meantime will bring a new Policy that will make your entire case as infructuous before concerned courts.
6.      Hire best law firm and don’t hesitate to pay them handsomely to get better results. There were more than 200 court cases filed after last midyear displacement transfer last year just calculate the coast. If you people Act now precious resources and money will be saved.
7.           Write letters, SMS, Post Cards on social media against this draconian Policy.
8. 
   

“Last but not least dear union officer bearers, President/GS of all and any association please think 100 times and of your family before taking any aggressive stance against KVS or writing against them they will use this against you in the future and no KVS teacher will support. KVS teaching community is the most selfish community, let them bear the cost today or tomorrow everybody will face the music if they do not stand against injustice ”.