IMPORTANT POINT
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.

JUDGMENT :

1. Elaborate arguments were advanced at the behest of the appellant on the interpretation of the statutory provisions applicable in relation to a transfer and the manner of processing and taking decision in the application. The application for transfer filed by the petitioner is rejected by a competent authority on the ground that the Headmaster of the Institution cannot send the application in excess of an outer cap provided in the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 (hereinafter referred as ‘the said Rules).

2. Since the fact, as unfurled, is undisputed that an application for transfer filed by the appellant is rejected by the authority on the ground that it exceeds the outer limit set forth in sub-Rule (6) of Rule 5 of the said Rules, the Trial Court proceeded to dismiss the writ-petition filed by the appellant, assailing the said decision of the authority in rejecting an application for transfer, solely on the ground that the moment the ‘Utsashree’ portal has been suspended, no relief can be granted to the appellant.

3. At the first blush, we were convinced that mere suspension of the portal does not foreclose the right of the applicant emanating from a statutory provision as the portal was introduced in order to facilitate the applications by providing a means of access. However, at the time of argument, attention of this Court is drawn to the fact that the application for transfer has been rejected as it exceeds the outer cap and the note of caution was also given to the School Management/Headmaster not to send the application in lock, stock and barrel but must follow the limit set up in the statutory Rules.

4. In order to bring clarity and to elucidate the points as above, it would be profitable to quote Rule 5 of the said Rules relating to eligibility for general transfer as stood before the amendment having brought subsequently:

5. Eligibility for General Transfer -

(1) Any Teacher or non-teaching staff qualified as per provision of rule 3 of this Rules may be eligible for transfer to a post of Teacher or non-teaching staff of another school of same category of post and for a Teacher of same subject under same category of reservation (Honours/ Post Graduate or Pass) and Post, as the case may be.

(2) An incumbent opting for General Transfer shall be transferred to the same category of schools having Bengali or English or Hindi or Nepali or Oriya or Santhali or Telugu or Urdu, as the medium of instruction, as the case may be.

(3) A male incumbent shall not be eligible for General Transfer in a female vacancy and a female incumbent can prefer male/Co-ed/female vacancy.

(4) No incumbent shall be eligible to apply for a General Transfer who is left with less than two years of service from the date of his/her retirement on superannuation.

(5) The General Transfer shall be allowed to an incumbent, against whom no Judicial or Disciplinary proceeding is pending or contemplated and, who is not under suspension.

(6) The school authority of a particular school shall not forward applications received from more than 10% (rounded up to next higher digit) of total number of teachers of that school. Priority shall be given first to the teachers senior in age.

5. Sub-Rule (6) of Rule 5 of the said Rules assumes significance as the entire argument and the determination by this Court revolves around the said provision. It is manifest from the bare reading of the language used in Sub-Rule (6) of Rule 5 that the School Authority shall not forward the applications received by it exceeding 10% of the total number of the teachers with further rider that in taking any decision relating to forwarding the application, the seniority in age should be given a preference. The language used in the said sub-rule is lucid and explicit to the sense that the cap of 10% of the total number of teachers of the said School is required to be strictly adhered to but the Counsel for