HARISH TANDON, PRASENJIT BISWAS
Rabin Tudu – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Harish Tandon, J.:
The slew of litigations which are assigned to this Bench relate to the Constitutional validity of the provisions contained under Section 10C of the WEST BENGAL SCHOOL SERVICE COMMISSION ACT , 1997 (said Act) at the behest of the teachers appointed in a different aided school within the State assailing the order of transfer or placement of service from one school to another school. Taking aid of Section 10C of the said Act, the School Service Commission recommended the transfer of a teacher from a school to another school on the basis of the general or special order passed by the State Government necessitated in the interest of the education and/or in the interest of Public Service but till date the recommendation has not fructified into an order of transfer or placement of service to another school. Since the constitutional validity of Section 10C of the said Act is assailed in all the aforesaid matters, the assignment was made to the Division Bench to decide the aforesaid issue.
2. All the counsels representing the respective writ petitioners have categorized their arguments in two compartments firstly, by introduction of Section 10 C of the Act, the le
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