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IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
DIPANKAR DATTA, DEBI PROSAD DEY, JJ.
The Headmaster, Bhotebari Sitanath High School & Others - Appellants
Versus
Mapita Samaddar & Others - Respondents
CAN No. 7979 of 2016 in MAT No. 1466 of 2016
Decided On : 22-06-2017
Transfer - Writ Appeal - West Bengal School Service Commission (General Transfer, Transfer on Special Ground and Reallocation) Rules, 2015 - Rule 3, Rule 4, Rule 7 - The court allowed the appeal, set aside the judgment and order, and dismissed the writ petition. The court held that the appellants had the locus standi to maintain the appeal. It was established that the writ petitioner was not entitled to invoke the provisions of the Transfer Rules and that the recommendation for her transfer was tainted. The court also expressed dissatisfaction with the manner in which transfers were recommended and cautioned against future recommendations based on political influence.
Fact of the Case:
The writ petitioner, a teacher, sought transfer to another school due to personal reasons. The State Government recommended her transfer despite her not fulfilling the criteria under the Transfer Rules. The appellants challenged the judgment and order allowing the writ petition.
Finding of the Court:
The court found that the writ petitioner was not entitled to invoke the Transfer Rules and that the recommendation for her transfer was tainted. The court expressed dissatisfaction with the manner in which transfers were recommended and cautioned against future recommendations based on political influence.
Issues: The issues included the locus standi of the appellants to maintain the appeal, the entitlement of the writ petitioner to invoke the Transfer Rules, and the validity of the recommendation for her transfer.
Ratio Decidendi: The court held that the appellants had the locus standi to maintain the appeal. It was established that the writ petitioner was not entitled to invoke the provisions of the Transfer Rules and that the recommendation for her transfer was tainted. The court also expressed dissatisfaction with the manner in which transfers were recommended and cautioned against future recommendations based on political influence.
Final Decision: The court allowed the appeal, set aside the judgment and order, and dismissed the writ petition. There shall be no order as to costs.
Dipankar Datta, J.
1. This writ appeal, at the instance of the Headmaster, Bhotebari Sitanath High School, P.O. Bhotebari, P.S. Mekhliganj, District Cooch Behar (hereafter the said school), its Secretary and the said school itself (hereafter the appellants), registers a challenge to the judgment and order dated July 20, 2016 passed by a learned judge of this Court, whereby a writ petition [W.P. 12228(W) of 2016] presented by the respondent no.1 (hereafter the writ petitioner) was allowed.
2. Bearing in mind an objection raised by Mr. Ray, learned advocate for the writ petitioner, to the locus standi of the appellants to carry the judgment and order dated July 20, 2016 in appeal, a brief recital of the facts leading to invocation of the extraordinary writ jurisdiction of this Court by her (as discerned from the writ petition itself) would be in order.
3. Based on the recommendation of the West Bengal School Service Commission (Northern Region) (hereafter the Regional Commission), the writ petitioner was offered appointment as an assistant teacher in Social Science in the said school vide letter dated July 21, 2011 of its Secretary. She joined on July 27, 2011. Soon thereafter, her service was approved by the District Inspector of Schools (S.E.), Cooch Behar (hereafter the DIoS) on September 5, 2011. While discharging duty as an assistant teacher, the writ petitioner on medical ground applied for leave on March 9, 2012. On April 5, 2012, she applied for maternity leave. Then she applied for grant of extra-ordinary leave without pay. This was followed by an application for special leave in exceptional circumstances before the West Bengal Board of Secondary Education, received by it on September 5, 2014. In between, the writ petitioner addressed identical letters dated July 22, 2014 to the Hon'ble Minister-in-Charge, School Education Department, Government of West Bengal and the Chairman, West Bengal Central School Service Commission (hereafter the Central Commission) seeking transfer to any school in the district of North 24-Parganas citing ill-health of both herself as well as her twenty-two months' old son, and also because her husband was transferred from Cooch Behar to Durgapur in the district of Burdwan. By a further letter dated September 8, 2014, she sought to bring such fact to the notice and knowledge of the Headmaster and the Secretary of the said school. Since the writ petitioner had sought for transfer, she applied before the Headmaster of the school for 'no objection' on August 3, 2015. However, no action to ameliorate the grievance of the writ petitioner was forthcoming and this compelled her to resume duty in the said school on October 16, 2015. The Headmaster duly allowed her to join. At last, fortune smiled on the writ petitioner and her attempt to have a transfer yielded result. The Assistant Secretary to the Government of West Bengal, School Education Department (hereafter the assistant secretary) by his memo dated March 2, 2016 conveyed to the Chairman of the Central Commission that he was under direction to recommend the prayer of the writ petitioner for transfer on special ground in terms of the West Bengal School Service Commission (General Transfer, Transfer on Special Ground and Reallocation) Rules, 2015 (hereafter the Transfer Rules) from the said school to a school preferred by her or a school near to her residence. Receiving such memo, steps were initiated to ascertain vacancy status to accommodate the writ petitioner and ultimately, the Chairman of the Central Commission by his letter dated May 18, 2016 recommended her for appointment on transfer at Sreenagar High School, P.O. & P.S. Habra, District 24 Parganas North (hereafter 'SHS'). The Secretary of SHS offered her appointment vide letter dated June 8, 2016. Armed with the said recommendation and the appointment letter, the writ petitioner approached the Secretary of the said school by submitting a representation dated June 15, 2016 seeking
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