Orissa High Court
Sitakanta Samal vs State Of Odisha & Others .... ... on 7 August, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO.22012 OF 2025
Sitakanta Samal .... Petitioner
Mr. G.K. Routray, Advocate
-versus-
State of Odisha & Others .... Opp.Parties
Mr. P.K. Mohanty, ASC
CORAM:
HON'BLE MR. JUSTICE DIXIT KRISHNA SHRIPAD
ORDER
Order No. 07.08.2025
01. W.P.(C) NO.22012 OF 2025
&
I.A. No.13206 of 2025
Issue emergent notice. Learned ASC-Mr. Mohanty, on request of the Court, accepts notice for O.P. Nos. 1 to 4. Required number of copies of the writ petition with all the documents be served on him within three working days. Notice be sent to Opp. Party No.5 by speed post/registered post with A.D. returnable within two weeks, requisite for which shall be furnished within three working day.
2. This is a case involving transfer of a teacher from one school to another arguably before the expiry of minimum retention period, if reckoned from 08.08.2023 in terms of extant Transfer Guidelines. This Court has been seeing many cases of similar nature, wherein very often it is contended with prima facie force that in many schools the Pupil-Teacher Ratio (PTR) is not maintained and that would affect the quality of instructions and teaching, enormously. The Pupil-Teacher Ratio (PTR) is fixed under the new Education Page 1 of 2 Policy evolved by the Central Government and after keeping in view a host of factors, inasmuch as the future of nation depends upon the quality of education given to the growing children. This aspect is discussed by John Dreak and Amartya Sen in their famous book 'Golden Opportunity'.
3. A Writ Court cannot turn a nelson's eye to the apparent deficiency in the administration, especially when right to education itself is held to be part of Article 21 of the Constitution of India by the Apex Court in a catena of decisions. Therefore, a bit unusual approach in this matter is taken by this Court.
In the above circumstances, the Opposite Parties are directed to furnish to this Court Pupil-Teacher Ratio (PTR) in all the schools in the State as existing on 01.08.2025, specifically mentioning the existing vacancies and the steps that are being taken to fill the same up.
In the meanwhile, the impugned transfer vide Annexure-3 is stayed and Petitioner is permitted to continue in the same school in which he has been serving till date.
Call this matter along with W.P.(C) No.21969 of 2025.
Web copy of this order to be acted upon by all concerned.
(Dixit Krishna Shripad) Judge Signature Not Verified Madhusmita Digitally Signed Signed by: MADHUSMITA MALLICK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Aug-2025 09:48:53 Page 2 of 2