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SABYASACHI BHATTACHARYYA
Prasun Sundar Tarafdar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The writ petitioner is an approved Assistant Headmaster of the Shree Guru Vidyamandir High School, which is a Higher Secondary school. The present challenge has been thrown against the respondent no.12 who was recommended by the School Service Commission (SSC) to the Shree Guru Vidyamandir as Assistant Teacher through General Transfer from Aminpur High School on July 15, 2016.
2. The respondent no. 12 participated in the SLST 2017 Recruitment of Head Masters and became selected. As per recommendation of the School Service Commission (SSC), the respondent no. 12 was appointed as Head Mistress at the Birpara Girls’ High School, also a Higher Secondary school.
3. On December 19, 2019, within a month from such appointment, the respondent no. 12 took lien-leave from Shree Guru Vidyamandir for a period of one year and a release order was accordingly issued.
4. The respondent no. 12 thereby joined the Birpara Girls High School as Head Mistress with effect from December 10, 2019.
5. The lien-leave was further extended subsequently.
6. Thereafter, the respondent no. 12 made an application for transfer on special ground and was transferred to the Amiyo Pal
A petitioner lacks locus standi to challenge a transfer order if no legal right is infringed, necessitating a direct personal grievance for maintaining a writ petition.
The transfer order was issued in violation of the statutory rule requiring a no objection certificate from the Head of the institution of the parent school and non-consideration of the effect of the ....
The court determined that a teacher's transfer based on claims of being a 'Victim of Crime' was invalid due to lack of corroborating evidence and the failure to meet statutory requirements under tran....
The court held that the order of transfer was illegal and quashed it, directing the competent authority to take a decision afresh in strict compliance with the law. The court also directed the appell....
The court affirmed that transfer orders are administrative decisions and should not be interfered with unless proven to be arbitrary or in violation of statutory provisions.
Judicial intervention in transfer matters is warranted when decisions violate established transfer policies and principles of fairness, ensuring no arbitrary actions by authorities.
Transfers in private educational institutions are governed by private law, and judicial review is limited to matters involving public law elements.
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