Calcutta High Court (Appellete Side)
Basabi Kander Samanta vs The State Of West Bengal & Ors on 17 February, 2023
Author: Biswajit Basu
Bench: Biswajit Basu
17.02.2023
Item No. 01
Court No.18
(P.Jana)
W.P.A. 10132 of 2022
Basabi Kander Samanta
-Vs-
The State of West Bengal & Ors.
Mr. Biswarup Biswas,
......for the petitioner.
Mr. Supriyo Chattopadhyay, Sr. Govt. Adv.
Mr. Biswabrata Basu Mallick,
... for the State.
Dr. Sutanu Kumar Patra,
Ms. Supriya Dubey,
...for the WBCSSC.
Ms. Koyeli Bhattacharyya,
... for the WBBSE.
The petitioner is an Assistant Teacher of
Rashpur Girl's High School, District- Howrah.
The matter though relates to the prayer of the
petitioner for her general transfer but in course
of hearing, it appeared from the different reports
of the concerned District Inspector of
Schools(S.E.), the respondent no. 4 herein and
the headmistress of the said school that the said school has a reasonably good health having more than 500 students but it lacks proper infrastructure as the school has not even a proper washroom for the students and there is acute shortage of teachers.
The number of teachers in the said school has alarmingly dropped as a substantial number of them have taken transfer by taking recourse of the transfer portal 'Utsashree', operation of 2 which has now been suspended and a new transfer policy has been notified.
This Court, on January 31, 2023 under the aforesaid circumstances directed the concerned District Inspector of Schools to inspect the said school and to submit a report.
Mr. Supriyo Chattopadhyay, learned Senior Government Advocate for the State, in terms of the said direction files a report of the respondent no. 4 bearing Memo No. 32 /LS dated February 13, 2023, let it be kept with the record.
It appears from the said report that the said respondent inspected the school along with two Assistant Inspector of Schools, Secondary Education of Sadar & Uluberia Sub division, Sub-Inspector of Schools of Sirajbati Circle and one Field Junior Engineer of Sarba Siksha Mission, Amta - I Block.
The report suggests the following infrastructural development of the school and the estimated expenses thereof:-
"1) Repairing work of room & toilet amounting of Rs. Three lakh forty eight thousand eight hundred ninety seven only (Rs. 3, 48,897/-) for the said school with the estimate (Copy of estimate encl./2).
2) A Dinning hall for smooth running of Cooked Mid day Meal Programme in P M 3 Poshan Scheme (CMDMP) is required which is also proposed where model estimated cost @ Rs. 6,13,186/- per school as PP Model 2.
3) In case of furnitures for newly constructed two classrooms, 24 pairs of benches are required.
The report does not suggest the estimated costs of the said 24 pairs of benches. The Headmistress of the school, who is present in Court, suggests that a sum of Rs. 2,50,000/- (Rupees Two lakh fifty thousand) more or less would be necessary to meet the said expenses. The respondent no. 4 is directed to raise a bill to meet the aforementioned expenses within a week from date and the Commissioner of School Education shall thereafter take immediate steps for sanction and disbursement of the said amount in accordance with the Rules prescribed therefor.
Turning to the issue of dearth of teachers in the said school, the report suggests that the school has no teacher of mathematics since 2016 and has only eight teachers including the Headmistress reducing the pupil- teacher ratio (PTR) to 68:1, it will increase to 4 50:1 if para teachers engaged in the said school are taken into consideration but there is a silver lining as the report suggests that subject teachers are available in two nearby schools namely JOGMAYA BALIKA VIDYALARA, Amta-II and FATIKGACHI SRI SRI SARADA VIDYAMANDIR GIRLS HIGH SCHOOL, Jagatballavpur.
The following table forms part of the report which details the requirement of the school vis-à-vis the availability of the subject teacher in the aforementioned two nearby schools:-
Sanctioned Teacher in
Subject Vacancy Remarks
post position
Bengali 3 2 1
This vacancy may be filled up through transfer of a teacher acting in JOGMAYA BALIKA English 2 1 1 VIDYALAYA, Amta II where enrolment is only 13 and five teachers are working now.
Mathematics 1 0 1 This vacancy may be
filled up through
transfer of a teacher
acting in FATIKGACHI
SRI SRI SARADA
VIDYAMANDIR GIRLS
HIGH SCHOOL,
Jagatballavpur where
enrolment is only 10 and
five teachers are working
now.
Pure 2 1 1 This vacancy may be
Science filled up through
transfer of a teacher
acting in JOGMAYA
BALIKA
VIDYALAYA, Amta
II where enrolment is
only 13 and five
teachers are working
now.
Bio 1 0 1 This vacancy may be
filled up through
Science
transfer of a teacher
acting in
FATIKGACHI SRI
SRI SARADA
VIDYAMANDIR
GIRLS HIGH
SCHOOL,
Jagatballavpur where
enrolment is only 10
and five teachers are
working now.
History 1 1 0
Geograph 2 1 1
y
Physical 1 0 1
Ed.
Work Ed. 1 1 0
5
The respondent no. 4 is directed to take steps within a week from date for transfer of the subject teachers from the said two schools to the Rashpur Girl's High School in terms of Section 10C of the West Bengal School Service Commission Act, 1997 read with the notification regarding the policy for rationalization of teachers working in recognised non-Government aided/sponsored secondary schools in the State bearing No. 216/SE/S/10M-09/2023 dated February 10, 2023.
Mr. Chattopadhyay submits that the respondent no. 4 could not ascertain the availability of Work Education and Geography teacher in the nearby schools but he will look into the matter so that the teachers of said two subjects can be provided to the school.
The Headmistress informs this Court that the school is situated on a main road and since there is no gatekeeper, unauthorized persons are entering in the school premises, she prays that for the protection of the girls, a gatekeeper may be deputed.
Mr. Chattopadhyay submits that there is no provision for appointment of a gatekeeper in a school but in his usual fairness, he expresses 6 concern about the safety and security of the girls of the school.
The Headmistress suggests that under such circumstances, the police authorities may depute a Civic Volunteer to the school during the school hours.
The safety and security of the students, particularly when it is a girl's school is the paramount consideration.
The Superintendent of Police, Howrah Rural, District: Howrah, is directed to take up the issue and to make all endeavour to provide a Civic Volunteer for the said school during the school hours.
Mr. Chattopadhyay is required to communicate this order to the said Superintendent of Police and shall apprise this Court in this regard on the adjourned date.
List the matter on March 17, 2023. Parties to act on the server copy of this order downloaded from the official website of this Court.
(Biswajit Basu, J.)