Gujarat High Court Stays Order Declaring Bavla Teacher Surplus for Admitting Underprivileged Students

The Gujarat High Court has granted interim relief to a teacher from a municipal primary school in Bavla who was declared surplus on the grounds of inadequate student enrolment, despite her efforts to admit eligible and economically disadvantaged students.

Justice Nikhil S. Kariel praised the teacher’s attempts to facilitate admissions and issued an interim stay against the authorities’ order declaring her surplus and transferring her elsewhere. The court also issued notices to the concerned authorities.

Teacher sought admissions for 26 students

The High Court observed that the teacher had made sincere efforts to ensure that eligible students were admitted to the school. However, the school principal allegedly failed to provide the necessary cooperation, resulting in fewer admissions.

The teacher had reportedly attempted to secure admission for 26 students, particularly under the Right to Education (RTE) Act, but only 14 students were ultimately admitted.

The school’s primary section had a total enrolment of 397 students after the 14 admissions. Had all 26 students been admitted, the strength would have reached 401, and the teacher would not have needed to be declared surplus, according to the court’s observations.

Court praises teacher’s efforts

The court noted that the teacher had anticipated being declared surplus due to low student enrolment and had therefore worked to admit eligible children under the RTE Act.

The High Court observed, prima facie, that the teacher deserved appreciation and encouragement rather than adverse action. It stated that with timely support, more eligible children could have been admitted and given an opportunity to improve their lives.

The court also expressed serious displeasure with the conduct of the education authorities and directed that notices be issued in the matter.