Calcutta High Court (Appellete Side)
Trina Bhaduri vs The State Of West Bengal & Ors on 15 November, 2021
Author: Abhijit Gangopadhyay
Bench: Abhijit Gangopadhyay
15. 11 . 2021 W BP WPA 14436 of 2021 Sl. 24 Court No. 17 (Via Video Conference) Trina Bhaduri Vs. The State of West Bengal & Ors.
Mr. Ujjal Ray ..for the petitioner.
Dr. Sutanu Kumar Patra Ms. Supriya Dubey Ms. Debalina Chakraborty ..for SSC.
Affidavit of service filed in court today be kept on record.
The petitioner is a lady teacher of a school who wants transfer to some nearby school as she has a baby of two years. Three schools are nearer to her residence as appears from page 31 of the writ application.
The petitioner's application for general transfer has been returned from West Bengal School Service Commission to District Inspector of School (S.E) and then from District Inspector of Schools to the petitioner. The ground of rejection is single teacher in the subject in the school where the petitioner is engaged now. This writ application has been filed on 8th September, 2021 but on 22nd September, 2021 the Directorate of School 2 Education has taken a different view as to transfer of single subject teacher.
Learned advocate for the petitioner submits that she has joined the school as a teacher in Computer Science in 2014 and from the very date of joining the school had no student for the subject 'Computer Science' and the situation is same till date.
The petitioner has drawn my attention to Rule 6 (2)(c ) of the amendment made to the General Transfer etc. Rules 2015 by Gazette Notification dated September 8, 2021. He submits that Rule 6(2)(c ) is not applicable in his case which is a bit different from other single teacher's cases as because there is no student in the school for the subject 'Computer Application' and therefore the condition as mentioned in the said amendment Rule 6(2)(c ) as to resultant vacancy of school in particular subject becoming zero does not hold good for her case. If there is no student for more than six years in the school for the subject there is no chance of prejudice to the interest of the students unless the new admission starts which would take some time and the school and other authorities would be able to appoint some other teachers for computer application in the school. Therefore, the petitioner can be transferred to another school instead of returning 3 her application.
I am not inclined today to pass any restraining order upon the authorities from filling up the three vacancies as mentioned in page 31 of the writ application which is a print out from the portal of Government of West Bengal, Education Department but this matter is required to be decided without any delay.
Therefore, I direct the petitioner to serve a notice upon the learned Government Pleader's office intimating the learned advocate who has been engaged in this matter to appear before this court tomorrow and also intimate the school in any acceptable mode for appearing before this court tomorrow when the matter would be taken up for further hearing.
The matter is adjourned till 16th November, 2021.
(Abhijit Gangopadhyay, J. ) Rul 4