The amendment to the transfer rules does not apply retrospectively, and rejection based on single subject teacher status is arbitrary.

JUDGMENT :

Ajay Kumar Gupta, J:

1. The writ petition has been filed by the petitioner praying for relief in the nature of Mandamus directing the respondents to grant the petitioner general transfer from Brahmajharul Rakhal Chandra High School (HS) to any school close to his residence, preferably, at (i) Kanpur Krishnabati Vivekananda Institution (H.S.), or (ii) Nirbhoypur B.G. Nilkantha Siksaniketan (H.S.), or (iii) Arambagh High School (H.S.), as well as consequential relief thereof.

2. The background facts, which led to filing of this writ petition, may be adumbrated as under:-

3. The Petitioner appointed as Assistant Teacher of “History (Hons/PG)” on 11.08.2010 at Brahmajharul Rakhal Chandra High School (HS) and since then, the petitioner has been rendering his unblemished service till date without any complain from any corner.

4. Due to long distance and lack of direct connectivity between the residence of the petitioner and the school where working, the petitioner is unable to care his widow aged mother, who is a patient of both eyes Presbyopia and Hypermetropia, BRVO and also his two aged infant child since his wife is also a working lady whose workplace is about 55 kms away from petitioner’s residence. Due to such long distance, the petitioner’s health condition has been deteriorating and facing tremendous problems in attending the school. Accordingly, he is in dire requirement of transfer from the present school to any school close to his residence.

5. The petitioner made an application for general transfer to any school close to his residence and submitted the same through the online transfer portal, which the Government of West Bengal introduced as the ‘Utsashree Online Portal’ for transfer of the school teachers, a system of awarding of automated point/score has been given to such portal pursuant to different factums, such as, the year of service of the candidate, the distance of school, the candidate’s residence and the candidate’s spouse’s workplace etc. The petitioner applied in the same portal for general transfer to any school close to his residence on ‘Any Other’ ground vide his application dated 19.08.2021.

6. The Head of the Institution duly forwarded the same to the concerned District Inspector of Schools. But, the petitioner found such application to be back from the concerned District Inspector of Schools itself on the ground, “Sl. No. 5 of HOI Checklist needs to be rectified” on 25.08.2021.

7. The NOC dated 11.08.2021 clearly indicates, inter alia, that Assistant Teacher/petitioner is not under suspension and there is no Disciplinary Proceedings, judicial proceedings or Financial Irregularities or Court Case in connection with transfer against the Assistant Teacher.

8. Despite that, his application was rejected on 25.08.2021 either is the outcome of non-application of mind by the respondent concerned or any probable technical error by the respondents which are totally beyond the petitioner’s control but the petitioner’s genuine case has been denied for the same which is liable to be interfered with by this Hon’ble Court.

9. The petitioner was informed that his case was denied for the reason being a Single Teacher in the school. Though, the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 has been in operation which used to guide the conditions of transfer of the petitioner till 7th September, 2021 (i.e. the date prior to the date of publication of the Gazette Notification amending the said Rules) and such Rules never provide any embargo as regards the transfer of any subject be him/her the single teacher available in the subject or not.

10. It was submitted by the learned advocate appearing on behalf of the petitioner that if at all being the single subject teacher in the concerned subject be the reason for non-consideration of the petitioner’s case for transfer through ‘Utshashree’ scheme, the same reason is wholly illogical, unconstitutional, arbit