Teacher on Chemotherapy Forced to Travel 320 km: Allahahad HC Orders Basic Education Board Secretary's Personal Appearance

The Allahabad High Court has directed the Secretary of the U.P. Basic Education Board to appear before it in person on 25 November, after finding his explanation unsatisfactory in a case involving the transfer plea of a cancer-afflicted assistant teacher seeking relocation from Shahjahanpur to Ghaziabad for medical treatment.

The direction came in a petition filed by Smt. Kalpana Sharma, a science teacher appointed in 2015 and currently posted at Junior High School, Salempur Pahara, Shahjahanpur. She has been undergoing treatment for breast cancer at Max Cancer Centre in Ghaziabad and is required to travel around 320 kilometers for chemotherapy. Her entire family, including her husband, resides in Ghaziabad. Citing this, she had sought a transfer under the State’s transfer policy of 7 June 2023.

Court noted that Sharma had earlier approached the High Court in 2024 after her requests for a medical transfer received no response from the authorities. That earlier writ petition was disposed of on 26 September 2024 with a clear direction to the Secretary, U.P. Basic Education Board, to consider her representation “sympathetically” in light of her ongoing cancer treatment.

Following this order, the petitioner filed a fresh representation. However, the Secretary rejected her plea on the grounds that her current school has only two teachers, whereas as per Section 25 of the Right to Education Act, 2009, three teachers are required if a school has 36 or more students. The authority also added that she may instead apply through the State’s mutual transfer portal.

Challenging this rejection, Sharma filed the present writ petition, asserting that the authority had failed to comply with the High Court’s specific directions.

When the matter came up on 17 November, court expressed displeasure over the manner in which the Secretary had dealt with her request, observing that the reasoning in the impugned order showed no consideration of her medical condition despite the Court’s categorical instruction.

Justice Prakash Padia recorded that the court was “shocked and surprised” that the earlier directions had been disregarded. The judge noted that the plea had been rejected on merits without addressing the compassionate aspects, even though the court had explicitly instructed the authority to factor in her cancer treatment at Max Cancer Centre.

Court also pointed out that the justification offered regarding the teacher-student ratio was inconsistent with the reality regularly brought before the High Court, where numerous institutions with more than 36 students have only one teacher. The judge recorded a prima facie view that the authority’s approach was “unfortunate” and fell short of the standard expected while dealing with an employee undergoing serious medical treatment.

In light of this, court directed the Secretary to file his personal affidavit within three days, failing which he was required to appear before the court. On the next hearing date, 20 November, the Secretary submitted the affidavit.

After perusing the affidavit, court held that it was “not at all satisfied” with the explanation offered. Court then required the Secretary to appear personally before it on 25 November.

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

Order Date: November 20, 2025

Bench: Justice Prakash Padia