Teacher on Chemotherapy Forced to Travel 320 km: Allahabad HC Pulls Up UP Board for Rejecting Transfer

The Allahabad High Court has strongly criticised the Uttar Pradesh Basic Education Board for refusing to transfer a government schoolteacher who is battling breast cancer, despite the court’s earlier direction to consider her situation with compassion.

Court said it was “shocked and surprised” by the way the authorities handled her case and has now asked the Board’s Secretary to file a personal affidavit within three days. If he fails to do so, he must appear before the court in person.

The teacher, posted in a junior high school in Shahjahanpur since 2015, has been undergoing chemotherapy at Max Cancer Centre in Ghaziabad. Her husband works in Ghaziabad and the family lives there, forcing her to travel nearly 320 km for treatment while managing her job in another district.

Given her health condition, she had first approached the high court in 2024, asking to be transferred closer to her treatment centre. Court agreed that her situation required sensitivity and directed the authorities to consider her request sympathetically.

But instead of following that direction, the Board rejected her request, saying her school had only two teachers and needed three under the Right to Education Act because it has more than 36 students. The rejection also told her to apply through the mutual-transfer system instead of addressing her medical urgency directly.

When the matter came back to the high court, the bench of Justice Prakash Padia expressed displeasure that the Board had completely ignored the court’s earlier instructions. The judge emphasised that the earlier order was crystal clear that the authorities were supposed to show empathy because she is undergoing cancer treatment, not hide behind technicalities.

Court also pointed out that the government’s own reasoning did not hold up.

"Every day matters are coming before this Court from perusal of which it is clear that in large numbers of institution where more than 36 students only one teacher is working," court noted. 

Given that reality, the court said it could not understand why the teacher’s illness was brushed aside and her request rejected on such a shaky ground.

Taking a stern view, court held that it was “unfortunate” that despite a clear directive from the bench, the matter was not considered in the manner required. It directed the Secretary to submit a personal affidavit explaining his conduct within three days. If he fails to comply, he must be present before the court on the next date of hearing.

The case is listed to be heard again on 20 November 2025.

Case Title: Smt Kalpana Sharma vs. State Of U.P. And 3 Others

Order Date: November 17, 2025

Bench: Justice Prakash Padia