The main legal point established in the judgment is that the power of transfer of teachers is specifically conferred upon the Council under the statute, and any transfer must be in accordance with the provisions of the Right of Children to Free and Compulsory Education Act, 2009.

JUDGMENT

Krishna Rao, J. - This appeal is directed against the order passed by the Ld. Single Judge in WPA No. 21508 of 2021 dt. 30.12.2021 wherein and where under Ld. Single Judge refused to interfere with the order of transfer issued against the appellant by the Chairman, North 24 Parganas District Primary School Council.

2. It reveals from record that the appellant was initially appointed as Assistant Teacher of Primary School on 25th December, 1998 and she was posted at Barabanglani F.P. School under Bongaon-II Circle, North 24 Parganas District. Subsequently, the appellant was transferred to Chandanpur Free Primary School under Barasat Circle on 22.11.2002. In the year 2011, the appellant was promoted to the post of Head Teacher and was transferred to Barasat M.G.M. G.S. Free Primary School under Barasat West Circle.

3. On 7th October, 2021 the appellant was transferred to Beraberi F.P. Primary/Junior Basic School under Habra Circle. Being aggrieved with the order of transfer, the appellant had preferred a Writ Application being WPA No. 17282 of 2021 and on 8th October, 2021, the Ld. Single Judge had passed an order of stay and directed the DPSC North 24 Parganas to file report specifying the reasons of such transfer and accordingly, the District Inspector of School had filed a report before the Ld. Single Judge and after considering the report, the order of transfer was set aside by passing the following order on 16th December, 2021:-

'The provision of Right of Children to Free and Compulsory Education Act, 2009 mentions about the pupil-teacher ratio that is required to be strictly followed by the schools for the first standard to fifth standard.

The petitioner is the head teacher of a primary school consisting of 488 students. The school to where the petitioner has been transferred consists of 125 students. The schedule in the 2009 Act mentions that the number of teachers to be maintained for a school having above 150 students only is five plus one head teacher. There is no requirement of any head teacher in respect of a school which consists of less than 150 students.

Admittedly in the instant case, the petitioner has been transferred as head teacher of a school with less than 150 students. The same could not have been done in accordance with the provisions of the Act of 2009.

The service of the petitioner is transferable will appear from the service conditions of the petitioner, but the transfer can be made only if the same is in accordance with the concern rules.'

4. After the order passed by the Ld. Single Judge dt. 16.12.2021, the Chairman, North 24 Parganas District Primary School Council had issued an order of transfer of the appellant on 24.12.2021 by transferring the appellant to Subhasnagar F.P. School under the same circle. Being aggrieved with the order of transfer, the appellant had preferred a writ application and the Ld. Single Judge had dismissed the writ petitioner which is impugned in the instant appeal.

5. The impugned order of transfer reads as follows :

'OFFICE ORDER 'Dipika Bala Biswas, H.T. of Barasat Mahatma Gandhi G.S.F.P. School No.-1 under Barasat West circle is hereby transferred to Subhasnagar F.P. School under same Circle.

She should join the above post within 30.12.2021 and handed over the charge within 29.12.2021 and should report to the respective Sub-Inspector of Schools.

All concerned are informed accordingly.

Sd/-

Chairman North 24 Parganas District Primary School Councils Date. 24.12.2021 The appellant had challenged the said order of transfer on the ground that the Chairman has no authority and jurisdiction to issue impugned order of transfer.

Mr. Joytosh Majumdar, Ld. Counsel appearing on behalf of the appellant by referring the West Bengal Primary Education (Transfer of Teacher including Head Teacher) Rule, 2002 and submits that the District Primary School Council may either on its own motion or on an application from a teacher can transfer an approved teacher within its jurisdiction from one Pr