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ABHIJIT GANGOPADHYAY
Jayati Banerjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
ABHIJIT GANGOPADHYAY, J.
1. This is a transfer application of the petitioner from her present school to another school. This is her 3rd application. First two applications, according to the petitioner, were rejected on grounds which are not tenable in the eye of law. The third rejection i.e. the present one which has been returned from the end of the Head of the Institution on two grounds: (i) Single teacher (ii) more than 10 percent of number of teachers.
2. The petitioner assails this decision by saying that she is not at all a single teacher and never was a single teacher and because of the school’s wrong notion, she was deprived of her transfer earlier. For the first time the School Service Commission returned her application as single teacher which was not at all the case. The petitioner’s case gets support from a report which has been filed by the District Inspector of Schools, Secondary Education (D.I. in short) in compliance of the direction of this court wherein in the concluding part of the report of the DI it has been written on (18.04.2022) that “the petitioner is really not a single teacher of the school in the subject English.”
3. Therefore, the petitioner is n
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 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 court affirmed that the 10% cap on transfer applications is a strict statutory requirement that must be followed, regardless of the application portal's status.
The court established that the 10% transfer limit applies across academic years, preventing further transfers without new appointments to maintain school staffing levels.
The court upheld the Commission's decision on transfer applications, affirming that adherence to procedural rules is essential in administrative actions.
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