(1). THIS appeal has been preferred at the instance of the writ petitioners assailing the judgment and order passed by the learned single Judge whereby and whereunder the said learned Single Judge dismissed the writ petition filed by the appellants herein on merits.

(2). GOING through the records we find that both the writ petitioners on being recommended by the School Service Commission were appointed as assistant Teachers in the respective schools. The writ petitioners herein are also undisputedly the approved Assistant Teachers in Zoology in two different schools of two different districts namely, Bankura and Purba Medinipur. The appellants/writ petitioners herein approached the respondent authorities for according approval to their mutual transfer since the Managing Committee of both the schools expressed their willingness to accept such mutual transfer of the teachers concerned.

(3). INITIALLY, the learned Single Judge of this Court while entertaining the earlier writ petition filed on behalf of the appellants herein directed the director of School Education, West Bengal to decide the aforesaid claims of the said appellants for mutual transfer upon obtaining the views and comments from the respective schools and the District Inspector of Schools concerned. In terms of the said order the Director of School Education, West Bengal considered the aforesaid claims of the appellants herein for mutual transfer and ultimately, rejected the same since according to the said Director of School education, West Bengal, grounds mentioned by the appellants herein for mutual transfer are not based on exceptional facts and circumstances which deserves special consideration by the authority even in absence of specific directive of law in force.

(4). THE aforesaid decision of the Director of School Education, West bengal was communicated to the appellants herein under Memo No. 31 (7)LC dated 7th April/10th April, 2006. Pursuant to the order dated 5th May, 2005 passed by the learned Single Judge in the earlier writ petition bearing W. P. No. 17107 (W) of 2004 filed by the appellants herein, Director of School education, West Bengal decided the claim of the appellants herein for mutual transfer and passed a reasoned order which was communicated by the aforesaid Memo dated 7th April/1 Oth April, 2006. The relevant portion of the said order is quoted hereunder : "having considered all these factors above, I am of the opinion that the difficulties of the individual teachers cited in this instant case, namely distance of the school from the ordinary place of residence of the petitioner, family commitments, etc. are rather general and vague in nature. Such grounds are generally cited in almost all the cases. These cannot be, as I understand, said to be an exceptional facts and circumstances which deserves special consideration by the authority even in absence of a specific directive of Law in force. I am therefore, unable to give any relief to the applicants. The matter is thus disposed of. Sd/-(A. S. Biswas) Director of School education, West Bengal. "

(5). SINCE the Director of School Education, West Bengal refused to grant any relief to the appellants herein, another writ petition was filed by the appellants challenging the validity and/or legality of the aforesaid decision of the Director of School Education, West Bengal and the said writ petition was ultimately disposed of by the learned Single Judge by the judgment and order under appeal whereby and whereunder the said learned Single Judge affirmed the decision of the said Director of School Education, West Bengal. While affirming the decision of the Director of school Education, West Bengal, learned single Judge held that in absence of any power the Director of School education, West Bengal cannot permit mutual transfer of the teachers and furthermore, according to the said learned Single Judge, the appellants herein had no statutory or other enforceable right to seek such mutua