The main legal point established in the judgment is the mandatory issuance of no-objection certificates by schools for teachers applying for transfer, as per the West Bengal Central School Service Commission Rules, 2015.

JUDGMENT :

Abhijit Gangopadhyay, J.

1. The two writ applications being WPA 17159 of 2019 and WPA 6598 of 2021 are taken up together.

2. There was an order passed by this court on 07.04.2021 for taking up the two matters at a time as those are related matters.

3. Learned advocate for the petitioner in WPA 17159 of 2019 came up on 19.08.2021 with one written instruction from his client for not pressing her application, being WPA 17159 of 2019. When that matter was called on that day, learned advocate for the related school, who is the petitioner in WPA 6598 of 2021, raised an objection as to how one matter out of the two matters, which the court directed to be taken up together, can be withdrawn. He also raised serious objection as to withdrawal of the writ application of the teacher, being WPA 17159 of 2019. However, without entering into such dispute, I decided to take up the matters together today as the matter relates to transfer of a lady teacher from her present school to another school which is pending for almost for 2 (two) years as WPA 17159 (W) of 2019 was filed on 30.08.2019.

4. In course of hearing of WPA 17159 of 2019, learned advocate for the teacher who is the petitioner (the teacher, in short) has submitted that the transfer order issued earlier by the authority for transfer from Gandhi Memorial Girls’ High School to Digra Mallickhati Deshbandhu Vidyapith has been withdrawn by the authority and subsequently by a fresh order dated 30th July, 2021 the order of transfer has been passed by the West Bengal Board of Secondary Education (WBBSE, in short) from Gandhi Memorial Girls’ High School (the school, in short) to Rabindra Smriti Vidyaniketan. Learned advocate has submitted that the vacancy is still there in Rabindra Smriti Vidyaniketan where the petitioner can join by order of WBBSE pursuant to an order of the Commissioner of School Education but release order has not been given to her by the school. The writ application of the teacher was not allowed to be withdrawn despite the instruction given by the teacher to her learned advocate on 19.08.2021 or today. When the petitioner was asked why she wanted to withdraw the application it has been submitted that the school had directed her to withdraw otherwise release order would not be given to her by the school. After hearing the writ application and after considering the case including the teacher’s difficulties relating to condition of her health and other surrounding circumstances I direct the authority of the School to issue release order forthwith to the teacher/petitioner and the petitioner should approach immediately thereafter the other school where she has been transferred by the order of WBBSE dated 30.07.2021. A copy of the order of WBBSE for transfer as has been produced in this court be kept on record.

5. The school and its Headmistress has made a nasty effort in not issuing the no-objection certificate to the teacher (a Lady) for her transfer which we will see from the discussion made below.

6. Here I join the other related matter, being WPA 6598 of 2021, which is a writ application filed by the School and its Headmistress against the State and its functionaries like Commissioner of School Education and the WBBSE etc.

7. This application is absolutely (I repeat, absolutely) a frivolous and mischievous one and want of bona fide is writ large in each line of the writ application.

8. Learned advocate appearing for the school when asked about the right-duty relationship between the school and the transferring authorities of a teacher by asking him the question with details to show to this court what is the right of the school to raise objection as to the transfer of the teacher and what is the corresponding legal duty of the concerned authorities, being the Commissioner of School Education and WBBSE, he has failed to show any such right and any such corresponding Legal duty. In more than one paragraph of the writ application (application, in short) the school has st