Calcutta High Court (Appellete Side)
Sandip Konar vs The State Of West Bengal And Others on 22 November, 2022
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
November 22, 2022 AD-15 Court No.1 SG WPA 10184 of 2020 with CAN 1 of 2022 Sandip Konar vs The State of West Bengal and others Mr. Shuvro Prokash Lahiri, Ms. Ankita Dey, Mr. Rajesh Naskar, Advocates ....for the petitioner Mr. S.N. Mookherjee, ld. AG Mr. Anirban Ray, ld. GP Mr. T.M. Siddiqui, Mr. Nilotpal Chatterjee, Advocates ....for the State Learned counsel for petitioner has submitted that there is imbalance in student-teacher ratio in various schools and the ratio needs to be rationalised. He has also raised an issue relating to mutual and general transfer in the schools by submitting that the transfers are being done on political ground. He has further submitted that the guidelines are required to be issued by the State to take corrective measures for restoring the student-teacher ratio in the schools throughout the State. He has sought permission to submit the proposal for the purpose of framing guidelines to learned Advocate General and has also raised the issue of deficiency of teacher in two schools i.e. Asanasole Junior High School and Angadpur New Set Up School.
2 WPA 10184 of 2020 Learned Advocate General has pointed out that the mutual transfer and transfer on administrative grounds are permissible under Sections 10(A), 10(B) and 10(C) of the West Bengal School Service Commission Act. He has also submitted that in the State, Government schools, aided schools and sponsored schools are existing and the issue of some of the new appointment in the schools is under litigation. He has pointed out that the new proviso of sub-Rule 6 to Rule 5 of West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 has been added keeping in view the need for maintaining pupil-teacher ratio (PTR). He has submitted that if the petitioner submits the proposal for framing the guidelines, the same will be duly considered.
Hence, we permit the petitioner to submit his proposal to learned Advocate General as also file before this Court. Learned Advocate General has agreed to duly consider the same. The outcome of the same be indicated to this Court on the next date of hearing.
List on 13th February, 2023.
(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)