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Ministry of Education Approves New Teacher Transfer Guidelines (2081)

May 27, 2024
Last updated May 30, 2024
Ministry of Education Approves New Teacher Transfer Guidelines (2081)
KMC Lalitpur

The Ministry of Education, Science, and Technology has approved the 'Teacher Transfer Guidelines, 2081' to streamline and enhance the transparency of teacher transfers within the country. This directive aims to address longstanding complaints related to teacher transfers and resume the halted inter-district transfer process.

Minister for Education, Science, and Technology Sumana Shrestha announced that the directive will make the transfer process for teachers in community schools simpler, more systematic, and transparent. “Our effort is to make the teaching profession quality-oriented, attractive, and dignified. This directive is a starting point in the ministry's reform plan for teacher transfers, promotions, performance evaluations, and training,” Minister Shrestha stated.

The new directive eliminates the need for teachers to visit multiple offices for transfer applications personally. Under the new system, once a teaching position becomes vacant, the information must be posted on the Integrated Educational Management Information System (IEMIS) and notified to the relevant local authority within seven days. This information must also be published on the local authority's website, with updated details available on the central authority’s website for public access.

The directive ensures transparency in the transfer process. Teachers wishing to transfer to a vacant position can apply with their current school's consent according to Schedule 17 of the Education Regulations. Once the application deadline passes, principals must certify the details and post the applicant's information on the school's website and notice board. Within three days of the application deadline, the school must grant transfer consent to the applicant teacher who ranks highest in priority.

The local authority has five days to complete teacher management tasks for local-level transfers. For inter-district transfers, the local authority must provide consent and forward it to the unit for approval within three days. Once consent is received under Clause 19, the unit must review the submitted documents and make a transfer decision within three days, informing the relevant teacher, school, and local authority. Transfers cannot proceed without updating vacancy details in the IEMIS. The directive also outlines conditions where transfer consent should not be granted and states that any form of fee or assistance involved in granting transfer consent will result in legal action against both parties under prevailing Nepali law.

Special provisions have been made for teachers facing serious health issues, disabilities, or maternal responsibilities. In accordance with legal provisions, these teachers can transfer to a desired school if a vacancy exists. Complaints regarding teacher transfers can be made to the authority responsible for transfer decisions and must be addressed within seven days, with the teacher informed of the outcome.

The ministry has proposed additional plans to simplify the transfer process to facilitate and encourage teachers further. The federal parliament's policy and program has approved an integrated electronic system called the 'Teacher Portal'. This portal will allow teachers to access information about open positions and apply for transfers online, ensuring a transparent, fair, and predictable transfer process without disrupting their current duties. The portal will also ensure accountability among schools, local authorities, units, and central officials. Any ongoing transfer agreements made before implementation will be considered valid under the new directive.

Teacher Transfer Guidelines, 2081

Preamble: As it is desirable to make the transfer of teachers working in community schools simple, easy, systematic, predictable, objective, and transparent, the Ministry of Education, Science, and Technology has formulated and implemented these guidelines in exercise of the authority conferred by clause (ng) of rule 192 of the Education Regulations, 2059.

Chapter - 1

Preliminary

1. Short Title and Commencement

(1) This guideline shall be called the "Teacher Transfer Guidelines, 2081".

(2) This guideline shall come into effect from the date of its approval by the Ministry of Education, Science, and Technology. (Approved Date: 2081/02/13)

2. Definitions

Unless the context otherwise requires, the following words and expressions used in this guideline shall have the meanings assigned to them below:

(a) "Unit" means Education Development and Coordination Unit.
(b) "Act" means Education Act, 2028.
(c) "Center" means Education and Human Resource Development Center.
(d) "Regulations" means Education Regulations, 2059.
(e) "Ministry" means the Ministry of Education, Science, and Technology, Government of Nepal.
(f) "Guidelines" means Teacher Transfer Guidelines, 2081.
(g) "School" means a community school operated by the Government of Nepal for regular grant.
(h) "Special Case Teacher" means a teacher determined by the Ministry to be in a special situation due to compelling reasons as per sub-clause (3) of Section 16j. of the Act.
(i) "Teacher" means a permanent teacher working in a community school.
(j) "Committee" means the Facilitation Committee constituted at the Center as per Section 3.
(k) "Local Level" means Rural Municipality or Municipality.

Chapter - 2

Committee Related Arrangements

3. Facilitation Committee Arrangements
(1) A Facilitation Committee shall be constituted at the Center to facilitate and coordinate the work related to teacher transfers.
(2) The composition of the Committee referred to in sub-clause (1) shall be as follows:
(a) Deputy Director General, looking after Teacher Management, Center: Coordinator
(b) Branch Chief, School Education Branch, Ministry: Member
(c) Director, Teacher Management Coordination Branch, Center: Member Secretary

4. Functions, Duties and Powers of the Committee
In addition to the functions, duties, and powers mentioned elsewhere in these guidelines, the functions, duties, and powers of the Committee shall be as follows:
(a) To facilitate and coordinate as necessary in matters related to teacher transfers.
(b) To undertake and facilitate the management of complaints and grievances related to teacher transfers.
(c) To recommend to the Center for necessary arrangements regarding teacher transfers and management.
(d) To perform other tasks related to teacher transfers as directed by the Ministry and the Center or as deemed necessary by the Committee.

5. Procedures for Committee Meetings
(1) The Committee shall meet as often as necessary.
(2) Other procedures for conducting committee meetings shall be determined by the committee itself.
(3) The Committee may invite experts from relevant fields or other necessary personnel to its meetings.

Chapter 3

Procedures for Publishing Information

6. When a Teacher Position is Considered Vacant

  • A teacher position in a community school will be considered vacant when:
  • A teacher working in a sanctioned post approved by the Government of Nepal and registered with the National Treasury (Teacher) is transferred to another location.
  • A teacher undergoes mandatory retirement.
  • A teacher dies.
  • A teacher takes voluntary leave.
  • A teacher is removed from service or dismissed according to prevailing laws, and the information is received by the school.
  • A new position is sanctioned.

7. Reporting Vacant Positions
(1) Within seven days of the date a teacher position becomes vacant as per clause 6, the school must enter the details of the vacant position into the Center's Integrated Educational Management Information System and inform the concerned local level.

(2) Notwithstanding anything written in sub-clause (1), the transfer process can be initiated 30 days in advance if a teacher's position is becoming vacant due to mandatory retirement.

8. Verifying Details

After receiving information about a vacant position as per clause 7, the concerned local level must verify whether there is subject-wise priority as per Schedule-12 of the Regulations and update the details of the concerned school in the Center's Integrated Educational Management Information System.

9. Issuing a Notice
(1) Upon receiving updated information from the local level as per clause 8, and if a teacher needs to be transferred to fill the vacancy, the concerned local level, upon a written request from the school, shall issue a notice as per Schedule 1, specifying a minimum deadline of 15 days.

(2) Notwithstanding anything written in sub-clause (1), teachers cannot be transferred for posts that have been cut back in terms of post rationalization or for posts that are self-replacement posts requiring transfer to another location, until such posts are managed.

10. Publishing the Notice
(1) The local level must publish the notice as per clause 9 on its website, notice board, and at the school.

(2) If there are problems with the website and the notice cannot be uploaded immediately, the school must obtain verification from the concerned Chief Administrative Officer or Head of the Education Branch/Department, and display the notice on the local level and school notice boards. Additionally, a record (muchulka) must be prepared as per Schedule 2.

(3) The local level must send the notice as per clause (1) for publication on the website of the concerned unit. The unit will then publish it on its website and send it to the Center as well. The Center must publish all the information collected in this way every day through its website.

Chapter 4

Collection, Recording, and Publication of Applications

11. Who Can Submit Applications
(1) Interested permanent teachers of the relevant level and subject who wish to be transferred to a vacant teacher position as mentioned in the notice published according to clause 9 can submit an application to the concerned school through electronic means or by appearing in person, with the consent of their current school as per Schedule-17 of the Regulations.

(2) When submitting an application as per sub-clause (1), the applicant teacher must also inform the Center about it through the email address or other appropriate means specified by the Center.

12. Documents to be Submitted with the Application

When a teacher applies for a transfer as per clause 11, they must submit the application in the format prescribed in Schedule-17 of the Regulations. While submitting the application, the teacher must include documents that show their service period, documents showing the date of joining the current position in the current school, copies of their permanent and temporary appointment letters, and documents related to extraordinary or unpaid leave taken, if any.

13. Application Registration and Recording

The concerned school must register the applications received duly within the deadline specified in the notice published according to clause 9, in the format prescribed in Schedule-3. The school must then provide the registration number to the applicant through the same medium used to submit the application.

14. Verifying Records and Publishing the List

After the deadline for submitting applications has ended, the concerned head teacher, after office hours, must verify the details recorded as per clause 13 and display them on the school's website, social media, and notice board. The head teacher must also send these details to the concerned local level and unit for public information.

Chapter 5

Determining the Priority Order for Transfers

15. Determining the Priority Order

(1) The school must determine the priority order of the applicant teachers based on the details recorded as per clause 14.

(2) When determining the priority order as per sub-clause (1), it should be done in the following order according to sections (a), (b), (c), and (d):

(a) Based on the longest period of permanent service in the relevant level of the current school.

(b) If the priority order cannot be determined as per section (a), then based on the total period of permanent service in the current position.

(c) If the priority order cannot be determined even as per sections (a) and (b), then based on the percentage of marks or grade obtained in the educational qualification for the relevant subject, which is higher than the minimum educational qualification required for the current position.

(d) If the priority order cannot be determined even as per sections (a), (b), and (c), then by selecting through lottery.

(3) For the purpose of this clause, the calculation of service period should be based on the duration from the date of joining the concerned school.

(4) The head teacher must prepare a list of the priority order of the applicant teachers as per sub-clause (2) and keep it verified.

Chapter 6

Procedures Regarding Transfer Consent

16. Procedures Regarding Transfer Consent

(1) Within three days from the deadline for submitting applications, the school must decide and grant transfer consent to the applicant teacher who has the highest priority order as per the priority order list established in clause 15.

(2) The school must inform the applicant teacher of the decision as per sub-clause (1) through a quick means.

17. Submitting Documents for Teacher Transfer

The head teacher must send the following documents related to the transfer of the teacher who has provided consent as per clause 16 to the concerned local level:
(a) A copy of the notice published by the local level.
(b) Verification and record (muchulka) as per sub-clause (2) of clause 10.
(c) Verified list of applicants recorded as per clause 14.
(d) Priority order list established as per sub-clause (4) of clause 15.
(e) School recommendation letter.
(f) Application of the applicant teacher who has provided consent, verified by the concerned officer, as per Schedule-17 of the Regulations, along with any other documents submitted with it.

Chapter 7

Procedures Regarding Teacher Transfers

18. Regarding Teacher Management and Consent

(1) Once the documents have been received as per clause 17, if both schools are within the same local level and the level and subject are verified, the local level itself will handle the teacher management tasks within five days.

(2) The local level must send a report of the teacher management work done as per sub-clause (1) to the concerned unit in writing, and the unit must make a decision as per the Regulations, record it, and file it.

(3) If the schools transferring the teacher out and receiving the teacher in are from different local levels after the documents have been received as per clause 17, the local level must verify the received documents and send them along with their consent as per Schedule 17 of the Regulations to the concerned unit for teacher transfer within three days.

19. Transfers by the Unit

The unit must scrutinize the documents submitted as per sub-clause (3) of clause 18 and within three days, make a decision regarding the transfer of teachers between local levels or within the district, and inform the concerned teacher, schools, local levels, and unit.

20. Updating the Integrated Educational Management Information System

(1) The concerned local level must ensure that the details of vacant positions and filled positions as per these guidelines are updated immediately in the Integrated Educational Management Information System of the respective schools.

(2) To make teacher transfers more effective and systematic, a central integrated portal can be developed, and all details and tasks related to teacher transfers can be done through the developed portal.

Chapter 8

Circumstances When Consent Cannot Be Granted or Transfers Cannot Be Made

21. When Consent Cannot Be Granted or Transfers Cannot Be Made

(1) Notwithstanding anything written elsewhere in these guidelines, a teacher cannot be granted transfer consent or be transferred in the following situations:
(a) If it's a self-replacement post identified in the process of post rationalization.
(b) If the teacher has not completed one year of permanent appointment in the relevant level or if there is one year or less remaining until mandatory retirement.
(c) If the vacant position has been advertised for filling through open competition or promotion within the concerned body.
(d) If the incoming transfer teacher is a second or first-grade teacher from another district and their transfer would not place them within the existing number of second and first-grade positions for the relevant level within the district.
(e) If the incoming transfer teacher's level and subject do not match the vacancy that needs to be filled.

(2) If due to any reason, a decision is made regarding a transfer based on the committee's recommendation in relation to granting consent or making transfers as per this clause, then consent should not be granted or the transfer should not be made.

22. When Granting Consent or Making Transfers is Not Obstructed

Even though sub-clause (b) of clause 21 mentions one year, if a teacher who was permanently appointed in one level has completed a period of one year and their service has been continuous after being permanently appointed in a higher level, then there is no obstruction to granting transfer consent or transferring such a teacher according to these guidelines.

23. Returning the Complete File

If, upon studying the documents submitted for transfer according to these guidelines, it is found not to be in accordance with the law, or if the situation mentioned in clause 21 arises, or if there is sufficient reason and justification that the teacher management or transfer cannot be done due to any other valid reason, the local level or unit can return the entire file, including the application, to the concerned school with a clear explanation of the reason.

Chapter 9

Miscellaneous

24. Fees or Contributions Prohibited

(1) No cash or in-kind fees or contributions of any kind should be taken or given from the teacher while granting consent or transferring the teacher as per these guidelines.

(2) If anyone is found taking or giving cash or in-kind fees or contributions for any purpose in violation of sub-clause (1), both the giver and the receiver should be brought forward for action as per the prevailing law.

25. Publishing Details

The details of vacant positions updated by the local level as per clause 8 must be placed on the website of the center for everyone's information.

26. In Accordance with Prevailing Law

If anything written in these guidelines contradicts the prevailing law, the provisions of the prevailing law shall prevail to the extent of the contradiction.

27. Special Arrangements in Special Circumstances

For teachers in special circumstances due to a special reason, the teacher management will be done according to the legal provisions related to teacher management in special circumstances.

28. Complaints Regarding Transfers and Management

(1) If there is any complaint regarding teacher transfers, a complaint can be lodged with the authority who makes the transfer decision.
(2) If a complaint is received as per sub-clause (1), the concerned authority must address such a complaint within seven days and inform the concerned teacher.

29. Transfer Time
Generally, the school should initiate teacher transfer activities at the beginning of the academic session.

30. Revoking Transfer Consent or Transfer

(1) If it is found that someone obtained transfer consent or was transferred by submitting false information, the authorized officer or body can revoke such consent or transfer.

(2) The person who prepared and submitted the false information as per sub-clause (1) should be referred to the concerned body for action as per the prevailing law.

31. Facilitation and Amendment of Guidelines

(1) The Ministry will facilitate the implementation of these guidelines if any problems arise.

(2) The Ministry can amend these guidelines as needed.

32. Considered Under the Guidelines

(1) Matters related to transfers that received consent and are in process before the commencement of these guidelines shall be considered to be under these guidelines.

(2) While making decisions on the subjects mentioned in sub-clause (1), a transfer decision must be made within the period prescribed by the regulations and these guidelines.

Note: This is an unofficial translation of the document "शिक्षक सरुवासम्बन्धी निर्देशिका, २०८१." We have taken the utmost care to avoid errors in this translation. However, if there are any inadvertent mistakes, Edusanjal will not be liable for any resulting losses. We recommend referring to the original regulation document (available in Nepali) for accurate information.

Downloads

Teacher Transfer Guidelines (शिक्षक सरुवासम्बन्धी निर्देशिका) 2081 

 

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