IMPORTANT POINT
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 teacher transfers.

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 third application of the petitioner was submitted on 10th February, 2022, which was also rejected on similar ground. This time she challenged the order of the Head of the Institution in refusing to consider her application for transfer by filing a writ petition.

3. Learned Single Judge on a meaningful reading of the provision laid down in Gazette Notification dated 29th September, 2022 was of the view “in the event a transfer application is made on medical ground and on other grounds, referred to in Clauses (a) to (d) of Rule 4 under the said Transfer Rules of 2015, may be considered without any restrictions. There was no such relaxation provision made for the application made under Rule 4(e) of the said Transfer Rule of 2015. The change in the Rule 4(e) of the Transfer Rule of 2015 was made under the said gazette notification to the extent that transfer on such ground can be considered twice in an academic year, i.e. summer and winter vacation of the schools as the case may be, so that the academic interests of the students not hampered.

Inasmuch as, from a meaningful reading of the said gazette notification dated January 3, 2022 at page 49 to the writ petition it also appeared to this Court that, the same shall apply for a school where the sanctioned strength of teacher is 5 or less. In the present case, the school where the petitioner is teaching has a sanctioned strength of 42 teachers. Therefore, this gazette notification dated January 3, 2022 at page 49 to the writ petition has no manner of application or relevance in the facts of this case”.

4. In dismissing the writ petition it was also observed “Last but not the least, while dealing with the transfer matters this Court has found that, there is an alarming situation. It is true that though right to opt for transfer is not a vested right of a teacher as settled in law but since the provisions and Rules are made for transfer of a teacher under which a teacher can opt for transfer, such provisions also cannot be ignored. A reasonableness and balance must work together. The teachers are employed to impart education to the students, the future of the nation. So the interest of the students must be of paramount importance while considering the case of transfer of a teacher. The discretion of the State authority has to be exercised judiciously and squarely within the framework of law relating to transfer but equally keeping in mind that the interest of the students should be of paramount importance where the Pupil-Teacher Ratio must have a crucial and decisive role to be weighed.”

(emphasis supplied)

5. Learned counsel for the appellant has relied upon the decision of the coordinate bench presided over by one of us (Soumen Sen, J.) in FMA 1082 of 2019 (Amar Jana Vs. West Bengal Central School S