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UDAY KUMAR, SOUMEN SEN
Prapti Chakraborty – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
1. We have heard the learned counsel appearing for the parties.
2. The appeal is arising out of the judgment and order dated 30th January, 2023 passed in WPA 10682 of 2022. In the writ petition the petitioner has challenged the order of the Head of the Institution in rejecting her application on the ground of “out of 10 percent”. The writ petitioner is an Assistant Teacher of Churamon PC High School, Uttar Dinajpur in the subject Snaskrit. She applied for transfer through Utsashree Portal thrice, as would be evident from the General Transfer status and the documents disclosed in the writ petition. The first transfer application was submitted on 12th August, 2021 before the Head of the Institution. It appears that the managing committee of the school on 31st August, 2021 on consideration of the application had expressed their no objection to release the petitioner, however, the District Inspector of School (S.E), Uttar Dinajpur refused it on the ground of Single Teacher. This order was not challenged by the petitioner. The second application was submitted by the petitioner on 24th September, 2021, which was rejected by Head of the Institution on the ground of “out of 10%”.
The court emphasized the importance of pupil-teacher ratio and the obligation of the State to implement the provisions of the Right of Children to Free and Compulsory Education Act, 2009 in deciding ....
The employer's discretion in transferring employees and the limited scope of judicial review in transfer matters.
The main legal point established is that the rejection of a transfer application should be reasonable and in accordance with the law, and the interpretation of rules should be done in a manner that i....
The court established that the 10% transfer limit applies across academic years, preventing further transfers without new appointments to maintain school staffing levels.
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