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HARISH TANDON, PRASENJIT BISWAS
Sumatinagar Sarat Kumar High School – Appellant
Versus
Manasi Sarder – Respondent
| Table of Content |
|---|
| 1. managing committee's inaction scrutinized (Para 7) |
| 2. statutory obligations must be followed (Para 10 , 11) |
| 3. appeal dismissed with costs (Para 20) |
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 int
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.
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 ....
Ratification from the competent authority is a prerequisite for the validity of transfer orders in public service.
Judicial directives on administrative process regarding transfer applications based on medical conditions.
Ratification from the competent authority is a prerequisite for the validity of transfer orders in public service, as established by the A.P. Education Act and relevant guidelines.
The court upheld the Commission's decision on transfer applications, affirming that adherence to procedural rules is essential in administrative actions.
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