Calcutta High Court (Appellete Side)
In Re: Asit Kumar Garai vs The State Of West Bengal & Ors on 12 February, 2020
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1
12.02.2020
Item No.20
Court No.15
Krishnendu
W.P. No. 23568 (W) of 2019
In re: An application under Article 226 of the Constitution of India filed on 17.12.2019;
And
In re: Asit Kumar Garai
- Versus -
The State of West Bengal & Ors.
Mr. Gautam Banerjee
For the Petitioner
Mr. Malay Singh
For the State
Mr. Biswabrata Basu Mallick
For the Council
The present writ petition has been preferred challenging, inter alia, an order
dated 5th August, 2019 passed by the respondent no. 5.
In course of hearing of the present writ petition on 22nd January, 2020, Mr. Banerjee, learned advocate appearing for the petitioner submitted that the petitioner's application for transfer from Parchabbispur South Primary School had been rejected by the impugned order dated 5th August, 2019 on the ground that in the event the petitioner is transferred, the teacher-pupil ratio, as statutorily required to be maintained, would be affected but surprisingly within a month thereafter, another teacher from the petitioner's school has been transferred. As such, this Court directed Mr. Basu Mallick, learned advocate appearing for the Council to avail necessary instruction.
Today, Mr. Basu Mallick has placed before this Court a memo dated 9th September, 2019 from which it appears that one Sujit Talukder, who was also working along with the petitioner at Par Chabbispur South Primary (KN-27), was transferred to 2 Sarat Vidyapith Primary (CH-68). Let the said memo dated 9th September, 2019, as produced, be kept on record.
Mr. Basu Mallick has also produced before this Court a memo dated 10th February, 2020 wherein it has, inter alia, been stated that the petitioner may be transferred to any one of the four schools, as referred to in the said memo, after getting approval from the School Education Department.
Mr. Banerjee submits that the petitioner is ready and willing to accept the transfer to Mandra Primary School.
It appears that in the event the petitioner is transferred to Mandra Primary School, the pupil-teacher ratio will not go below thirty and as such the transfer would not be violative of the provisions of the Right to Education Act, 2009.
In view thereof, there is no necessity to wait for any further approval from the School Education Department. Furthermore, the Government Order dated 31st July, 2014, as referred to in the order impugned in the present writ petition, only contains an advice to the Chairperson of the Council. The same cannot override the authority conferred upon the Council as regards the transfer of teachers in terms of the provisions of the West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002.
Accordingly, this Court directs the respondent no. 5 to issue a formal order of transfer in favour of the petitioner to the Mandra Primary School subject to compliance of necessary formalities, if any, within a period of two weeks from the date of communication of this order.
With the above observations and directions, the writ petition is disposed of. There shall, however, be no order as to costs.
3Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties upon compliance of all necessary formalities.
(Tapabrata Chakraborty, J.)