Teacher’s Transfer Upheld by Supreme Administrative Court, Saying Move Served Public Interest

Manama: The Supreme Administrative Court has upheld the Ministry of Education’s decision to transfer a teacher from her school, ruling that the move was justified in the interest of maintaining smooth operations within public education.

The case began when the teacher challenged the ministry’s transfer order, arguing that she had been unfairly moved after being referred for investigation over alleged violations, an inquiry that was later closed without action. She initially won the case in the Court of First Instance, which struck down the transfer decision.
However, the Ministry of Education appealed, insisting that the transfer was not punitive and had no impact on the teacher’s salary, grade or financial rights. Instead, the ministry argued that the reassignment was necessary to address a shortage of teaching staff at the receiving school, submitting documents to support its claim.

In its final ruling, the Supreme Administrative Court sided with the ministry, emphasising that the relationship between an employee and a government institution is regulated by law, and that an employee does not have a vested right to remain in a specific post or school. The court noted that employer-initiated transfers cannot be legally challenged as long as they are free from abuse of power, do not lead to demotion or pay cuts and are made to serve the public interest.
The court found no evidence that the ministry’s decision was disciplinary or retaliatory. Instead, it concluded that the transfer was driven by educational needs and staffing requirements.

Stating that administrative authorities have broad discretion to reassign employees for the efficient functioning of public services, the court ruled that the teacher’s demand to remain in her original school had no legal basis.
The court therefore accepted the ministry’s appeal, overturned the earlier judgment and dismissed the teacher’s lawsuit. The teacher was also ordered to pay the litigation costs for both trial levels.