The court determined that a teacher's transfer based on claims of being a 'Victim of Crime' was invalid due to lack of corroborating evidence and the failure to meet statutory requirements under transfer rules.

JUDGMENT :

ANIRUDDHA ROY, J.:

1. Two writ petitions.

2. WPA 21004 of 2018 (for short, School’s writ petition) was filed by the Managing Committee of Kamala Girls High School (for short, Kamala Girls) challenging the recommendation for transfer of the respondent no.12 therein, namely, Smt. Madhumita Roy (for short, the teacher) dated January 11, 2017 issued by the respondent no.11 (for short, the School Service Commission), Annexure P-1 at page 51 to the school’s writ petition and the order/direction dated June 26, 2018 passed by the respondent no.8 (for short, the Board) directing to give effect the said transfer, Annexure P-11 at page 116 to the school’s writ petition and the impugned communication dated April 21, 2017.

3. WPA 7948 of 2019 is the writ petition filed by the said teacher (for short, teacher’s writ petition) for implementation of the said transfer order dated June 26, 2018 whereunder the teacher was recommended for transfer and was transferred to Kamala Girls High School.

4. Since the issues both on facts and law are interconnected and the subject school is the same in both the said two writ petitions, the parties agreed to proceed principally in WPA 21004 of 2018 and on the basis of the records therein. However, the parties have also referred to the records from WPA 7948 of 2019 wherever it was necessary. The parties, therefore, have agreed that both these writ petitions can be taken up together for final consideration by a composite judgment.

5. Accordingly, this Court proceeds to dispose of both the said writ petitions through this composite judgment.

Facts:

6. The teacher was selected for the post of Headmistress under the relevant Regional Level Selection Test conducted by the School Service Commission in 2009.

7. On April 9, 2010 the teacher was recommended by the West Bengal Regional School Service Commission (for short, the Regional School Service Commission) for appointment as Headmistress at one Sahachari Behari Vidyapith (Higher Secondary) (for short, Sahachari). She joined the said school on May 1, 2010 as Headmistress. Her employment was approved by the Jurisdictional District Inspector of Schools (for short, Jurisdictional D.I.) on August 25, 2010.

8. On April 5, 2013 the teacher while on her way to school alleged to have been physically assaulted by a group of people in order to spoil a Managing Committee meeting scheduled to be held on that day. On being so informed, the local police authority rescued her and she was medically treated. On April 4, 2013 the petitioner submitted an application for transfer before the Secretary, School Education Department as she had allegedly a life threat according to her. On April 17, 2013 the Commissioner, School Education Department issued the direction upon the petitioner to attend the Office of the Jurisdictional D.I. temporarily and to record her appearance w.e.f. April 18,