IMPORTANT POINT
The court established that the 10% transfer limit applies across academic years, preventing further transfers without new appointments to maintain school staffing levels.

JUDGMENT :

Saugata Bhattacharyya, J.

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. Matter relates to transfer of the petitioner on the ground of distance. Petitioner is an Assistant Teacher in Amarshi B.C. Girls’ High School, Purba Medinipur (hereinafter referred to as “said school”). Petitioner preferred transfer application on 23rd February, 2022 on Utshasree portal. On receipt of application by the said school authority, as it has been submitted on behalf of the petitioner, the same was not allowed on the ground that 10% of existing teachers were already permitted to take transfer. It has further been submitted on behalf of the petitioner that in 2021 academic year out of nineteen teachers working in the said school two teachers were permitted to take transfer and transfer applications of those two teachers were forwarded by the said school authority to the concerned District Inspector of Schools. Therefore, in 2021 academic year bar on general transfer of petitioner in terms of Rule 5(6) of the West Bengal School Service Commission (General Transfer, Transfer On Special Grounds and Reallocation) Rules, 2015 might not have permitted the petitioner to be transferred to another school but in the next academic year that is in 2022 petitioner ought to have been permitted to be transferred in consideration of her transfer application dated 23rd February, 2022.

3. Reliance is placed apart from Rule 5(6) of the said Rules of 2015 an amended Rule 6(2)(d) as contained in the notification dated 8th September, 2021 amending Transfer Rules of 2015 in order to demonstrate that in the academic year 2021 it may not be permissible so far the said school authority is concerned to allow petitioner’s transfer application on the ground of distance but in the next academic year in 2022 based on the aforesaid statutory provisions petitioner’s transfer application ought to have been considered.

4. In addition thereto, reliance is also placed on a notification dated 3rd January, 2022 issued on behalf of the School Education Department, Government of West Bengal relating to bar on transfer of teacher beyond 10% of existing teaching staff of school excepting in certain circumstances.

5. Petitioner prays for issuance of mandamus thereby directing the concerned respondent authorities to take decision on her transfer application and allow her to be transferred to another school as per transfer application dated 23rd February, 2022.

6. Respondents including the said school authorities are represented by learned advocates.

7. It is submitted on behalf of the State respondents and the Commission that nowhere in the unamended Transfer Rules 2015 as well as in amended provisions as contained in the notification dated 8th September, 2021 it has been contemplated that bar in allowing transfer application beyond 10% of existing teaching staff is confined to a particular academic year.

8. However, during course of hearing, Mr. Mitra, learned advocate representing the Commission has drawn attention of this Court to the provisions as contained under Rule 3(4) of the unamended Transfer Rules of 2015 which provides general transfer shall be available once in a year and a list shall be published in the website of the Commission and the remaining vacancies due to non-joining after publication of list shall be taken into account in a particular manner as provided therein. According to the Commission, provisions as contained in Rule 3 (4) does not provide a situation which permits the petitioner to have her transfer application being allowed since two teachers of the said school were permitted to take transfer in the previous academic year that is in 2021. Contemplation made under Rule 3(4) is completely for different purpose and the same is for utilization of vacancies in specified manner which are available after completing the process of general transfer due to non-joining in a particular year.

9. On behalf of the said school authority it ha