A school in India has a graduate teacher available, but the District Education Officer moved a qualified MA, B.Ed teacher (who is also differently-abled) from teaching 6th to 8th grade to 5th grade. At the same time, a non-graduate teacher who was assigned to 5th grade was moved to teach 6th to 8th grade. This switch happened mid-semester. What legal recourse can be taken in this situation?

The transfer of the qualified MA, B.Ed teacher to a lower grade level and the subsequent assignment of a non-graduate teacher to higher grades may be challenged under the Right of Children to Free and Compulsory Education Act (RTE Act), 2009, as it violates the provision of having qualified teachers for each grade level. The differently-abled teacher can also seek redressal under the Rights of Persons with Disabilities Act, 2016, if they believe their transfer was based on their disability.