RTE Provisions to select and depute teacher with different caliber

RTE 2009 has provision to select and depute teacher with different caliber for std I-V & VI to VII. Despite of appointed & available graduate teacher in the school, a teacher (handicapped) appointed for Std VI - VIII (MA; B Ed) is shifted to teach in Std V by the Dist Edu Officer to favor him/her; where as a teacher appointed for Std V (non graduate) is shifted to teach in the Std VI-VIII. This changes done in between the semester, What can be done under such situation.

Answers (1)

72 votes

Dear Sir,
A substantive writ petition shall have to be filed before the High Court of Gujarat. You shall have to challenge the order of transfers and pray for mandatory interim relief.

You may also file a PIL but that would depend on the facts of the case and whether the said malpractice is rampant.

However it would be advisable to bring this illegal action to the notice of the authorities concerned by way of a a communication before any action is contemplated.

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