The Supreme Court has held that a government teacher cannot claim an inter-district transfer as a matter of right merely because she lives away from her family, observing that such transfers cannot come at the cost of students' education.

A bench of Justice JB Pardiwala and Justice K Vinod Chandran set aside an Allahabad High Court order that had prima facie found contempt in the rejection of a female teacher's transfer request.

The teacher had sought a transfer from Bahraich to Lucknow, where her husband and in-laws reside. She submitted that she was living alone in Bahraich with her two-and-a-half-year-old daughter.

The Court noted that the teacher had secured 12 marks against the minimum cut-off of 22 for inter-district transfers from Bahraich. It also observed that her school had 137 students but only two teachers in the primary section, whereas five teachers were required under the Right to Education Act, 2009.

"Every teacher should remember that the educational system is primarily for the students and not to further the career of the teachers or to enable convenient postings to the teachers," the bench observed.

The Court further held that Rule 8(2)(d) of the Uttar Pradesh Basic Education (Teachers) (Posting) Rules, 2008, provides a relaxation for female teachers but does not guarantee a transfer.

"This is a universal problem faced by employees and one cannot, on the mere displacement from the family, claim an inter-district transfer... as a matter of right," the bench said.

Holding that the rejection of the transfer request was justified, the Supreme Court set aside the Allahabad High Court's order.