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.

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, the petitioner applied for a transfer under Rule 4(b) of the West Bengal Primary Education (Transfer of Teacher) Rules, 2002. The Council allowed the transfer through Memo No. 4999/5/A.T. dated 16.01.2017, posting her to Kasba Sitala Primary School (Egra North Circle). She duly joined the new school on 16.02.2017.

4. Subsequently, on 03.10.2024, another transfer order (Memo No. 2092/ES) directed her temporary deployment to Jagannathpur P. Primary School, which she challenged by WPA 6211 of 2025. By order dated 25.03.2025, the Hon’ble Court directed the production of relevant records regarding this decision. Eventually, on 02.07.2025, the Council, via Memo No. 1256/4/ES, cancelled the earlier transfer order, specifically declaring it redundant and nullifying its effect.

5. On 07.07.2025, the Secretary, Council, issued Memo No. 1285/1(6)/ES, transferring the petitioner on the purported ground of surplus staff at her present posting, transferring her to Argora Primary School, categorised as a deficit school per Rule 25 of the Right of Children to Free and Compulsory Education Rules, 2009 read with Transfer Rules, 2002.

6. The petitioner states that the new school is at a considerable distance from her residence, causing hardship and inconvenience and that the transfer was made without reference to seniority or preparation of a panel of surplus teachers. She also notes that on the same date, the Council sought updated PTR (pupil-teacher ratio) data from all circles (Memo No. 1277/ES) and alleges her transfer was issued prior to the completion of any rational exercise, thus rendering the order arbitrary and mala fide. The order required her to join within seven days and she asserts that unless stayed, she would suffer irreparable loss owing to which the present petition has been filed.

7. Learned Counsel appearing for the petitioner submits that the impugned transfer is wholly arbitrary, disproportionate, vitiated by mala fide and in flagrant disregard of the provisions of the West Bengal Primary Education (Transfer of Teachers including Head Teachers) Rules, 2002. It is contended that the authority to effect transfers lies solely with the District Primary School Council as a duly constituted corporate body under Section 37 of the West Bengal Primary Education Act, 1973. The Secretary, who is not even a member of the Council within the meaning of Sect