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SAUGATA BHATTACHARYYA
Tanusri Rana (Karak) – Appellant
Versus
State of West Bengal – Respondent
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
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 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 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 affirmed that the 10% cap on transfer applications is a strict statutory requirement that must be followed, regardless of the application portal's status.
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