WPA/21508/2021 of DIPIKA BALA BISWAS Vs STATE OF WEST BENGAL AND ORS. on 30 December 2021

(Through Video Conference)

30.12.2021

Supple SL.No.1

W.P.A. 21508 of 2021

BP/KS

Smt. Dipika Bala Biswas

Vs.

The State of West Bengal & Ors.

Mr. Shamim Ul BariMr. K. M. HossainMs. Molly Saha

….. For the Petitioner

Mr. Jahar DuttaMr. Milan Kumar Maity

…..For the State

The petitioner files affidavit of service and the samebe kept on record which reveals that the copy of the writapplication has been served upon all the respondents.

Despite service of copy of the writ applicationrespondent nos.4 and 5 are not represented before thisCourt.

The instant writ application has been preferred bythe petitioner, Dipika Bala Biswas challenging the transferorder dated 24[th] December, 2021 made by the Chairman,North 24 Parganas, District Primary School Council.

Learned lawyer appearing for the petitioner submits that the transfer order does not spell of the reasons oftransferring the petitioner to an another school. TheCoordinate Bench of this Hon’ble Court by an order dated 16[th] December, 2021 passed in W.P.A. 17282 of 2021quashed another transfer order of the petitioner on thegrounds that the transfer order did not contain the reasons.Learned lawyer further submits that as the school wherethe petitioner is a teacher has no surplus of teachers, thepetitioner should not have been transferred. Under suchfacts and circumstances, the learned lawyer submits thatthe aforesaid transfer order be stayed.

Learned lawyer appearing for the respondent nos.1to 3 and 6 and 7 submits that the transfer order does notrequire mentioning of any reason. Learned lawyer submitsthat the authority concerned may transfer a teacher fromone school to another in the public interest. Rule 4 of theWest Bengal Primary Education (Transfer of Teachersincluding Head Teacher) Rules, 2002 enjoins as under:- “4. Condition for transfer: - A Council may- (a) on its own motion, or (b) on an application from a teacher, transfer approvedteacher within its jurisdiction from one primary school to anotherprimary school on the condition that such approved teacher isconfirmed and has completed minimum two years of continuousservice both in case of mutual or single transfer; Provided that the Council may, if it considers necessary forproper utilization of service of a primary teacher in the interest ofeducation, transfer an approved teacher without maintaining anytime limit of service; Provided further that where there is a surplus teacheraccording to roll-strength as stated in rule 3, the Council may, on itsown motion, transfer such approved teacher without maintainingany time limit of service by way of rational adjustment of teacher ina primary school having deficit teacher in the following order ofpreference:

(i) a primary school without an approved teacher,

(ii) a primary school having single teacher, and

(iii) other primary school having shortage of teacher.”

As the Rule quoted above reads; the Council maytransfer a teacher on its own motion or on an applicationfrom a teacher, transfer approved teacher within itsjurisdiction from one primary school to another primaryschool on the condition as the approved teacher isconfirmed and has completed minimum two years ofcontinuous service both in case of mutual or single transfer.However, if the Council considers it necessary for properutilization of service of a teacher in the interest of educationit may transfer an approved teacher without maintainingany time limit of service.

To transfer a teacher from one school to another iswithin the domain of District Primary School Council. Itmay transfer a teacher on its own motion or any of thegrounds as enumerated above.

The transfer order dated 24[th] December, 2021 asimpugned reads as under:- “Dipika Bala Biswas, H. T. of Barasat Mahatma GandhiG.S.F.P. School No.-1 under Barasat - West Circle is herebytransferred to Subhasnagar F.P. School under same Circle.

She should join the above post within 30.12.2021 andhanded over the charge within 29.12.2021 and should report tothe respective Sub-Inspector of Schools.

All concerned are informed accordingly.”

As the post of a teacher is transferrable, the authority concerned may transfer a teacher from one school toanother in terms of the Rule 4 as well as in the publicinterest. What I think, a transfer order does not requirereasons in detail.

In view of the above, I do not find any justification to interfere with the transfer order as impugned.

Accordingly, the writ application is dismissed.

No order as to costs.

However, the petitioner is permitted to joinSubhasnagar F.P. School by 07.01.2022.

Urgent certified website copies of this order, ifapplied for, be given to the parties upon compliance withall requisite formalities.

(Rabindranath Samanta, J.)