The School Managing Committee must adhere to statutory rules regarding transfer applications, especially those based on medical grounds, and cannot delay decisions without valid justification.

JUDGMENT :

1. It is a sordid state of affairs that the Managing Committee of the school is apathetic to the genuine grievance raised by the writ petitioner/respondent no. 1 in the transfer application necessitated by a medical exigencies. An application, which sees the light of the day 3 to 4 years before the resolution is taken, remained pending diminishes the avowed object of incorporating several diseases in the statutory Rules to be considered for transfer.

2. The West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 (in short “said Rules”) was framed by the Government with effect from 27th February 2015. The said Rules contain exhaustive provisions concerning the transfer and/or related issue and the exercise of power by the respective authorities mentioned therein. The said Rules received several amendments by passage of time, but we are concerned with the amendment having brought on 8th September 2021. Rule 4 of the said Rules sees a radical change by introducing the amendments incorporating certain incidences of medical infirmity. The said Rule is reproduced as under:

“4. Grounds for transfer:

An incumbent may apply online in the designated portal for transfer on following grounds:

(a) Any incumbent or his/her son/daughter/spouse suffering from malignant disease/ severe heart disease/renal failure/thalassemia, replacement of organ/serious gynecological disorder causing serious problem in attending the school.

(b) Physically disablement of 40% or more as certified by competent authority.

(c) Female incumbent facing serious problem in attending the school due to divorce or death of husband.

(d) Incumbent of age 57 years and more and willing for home district posting.

(e) Any other reasons.”

3. It is evident from the aforesaid provisions that a teacher or non-teaching staff may apply for transfer not only on account having suffered the specified diseases but also for his/her son/daughter/spouse. Thus, the legislature has given an expanded horizon in seeking a transfer necessitated by the medical reasons.

4. Rule 6 of the said Rules provides a complete mechanism and the procedure to be adopted by the several authorities being responsible for taking a decision in relation to a transfer from one school to another and it imbibes within itself the School Managing Committee, District Inspector of Schools, Central Commission and the West Bengal Board of Secondary Education. The respective responsibilities and the exercise of powers are clearly defined in the said provision and, therefore, each of such authorities cannot travel beyond the boundaries of the aforesaid provisions. Rule 6, as amended, is quoted as under:

“6. Procedure for submission and consideration of the application:

(1) An incumbent, may apply for transfer on grounds and manner mentioned in rule 4. The respective authorities involve in the process of transfer i.e. School Managing Committee (SMC), District Inspector of Schools of Secondary Education (DI), Central Commission (CSSC), West Bengal Board of Secondary Education (Board) shall consider such transfer application within such time as may be specified by the State Government by guidelines.

(2) Upon submission of application, the authority of SMC shall:

(a) verify the service records and other details of applicant.

(b) examine whether departmental/judicial proceeding is pending or being contemplated, or suspension order is issued against applicant or not. In any such affirmative case, the school authority shall not forward the application.

(c) consider the number(s) of subject teachers and roll strength. If resultant vacancy of school in particular subject become zero, or not commensurate with roll strength, the authority of SMC shall not forward the application.

(d) consider the total application(s) from