Back
IN THE HIGH COURT AT CALCUTTA
RAJARSHI BHARADWAJ
Nilanjana Maity – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rajarshi Bharadwaj, J.
1. By this writ application under Article 226 of the Constitution of India, the petitioner, an Assistant Teacher presently posted at Kasba Sitala Primary School, Purba Medinipur, challenges the order of transfer dated 07.07.2025, issued by the Secretary, District Primary School Council, Purba Medinipur being respondent no.9 (herein referred to as the “the Council”), whereby she is sought to be transferred to Argora Primary School (Patashpur North Circle) on the ground of “surplus teacher” adjustment.
2. The facts in a nutshell are that the petitioner was appointed as Assistant Teacher under the General Category in Chatla Haripara Primary School (Egra West Circle, Purba Medinipur) by appointment letter Memo No. 3586/Aptt./T dated 19.01.2014. The appointment conditions included probation for two years, with the service being temporary and liable to termination with notice. Upon receiving the appointment order, the petitioner duly joined her post on 20.01.2014, submitted her joining letter and fulfilled the requisite formalities. She continued to discharge duties diligently at the said school.
3. Facing genuine difficulties in attending the earlier school
A transfer order lacking jurisdiction due to a non-functioning District Primary School Council is arbitrary and void, violating fundamental rights under Articles 14, 19(1)(g), and 21.
The Chairperson of the District Primary School Council lacks authority to transfer a teacher in the absence of a constituted Council, violating statutory rules and principles of natural justice.
The main legal point established in the judgment is that the power of transfer of teachers is specifically conferred upon the Council under the statute, and any transfer must be in accordance with th....
The main legal point established in the judgment is that the Chairman did not have the authority to issue the transfer order for the appellant, as per Rule 4 of the West Bengal Primary Education (Tra....
Point of law: As a disciplined employee, the petitioner has obeyed the said orders under protest and he has joined duties at the place of transfer though he is BLIND and though the impugned order is ....
The main legal point established in the judgment is that the Education Officer had no jurisdiction to set aside a routine and administrative transfer order issued by the petitioner under the MEPS Rul....
Transfer orders affecting educators mid-academic year violate principles of good governance and arbitrariness, warranting judicial intervention.
Transfers in private educational institutions are governed by private law, and judicial review is limited to matters involving public law elements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
