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.

JUDGMENT :

Rajarshi Bharadwaj, J.

1. In the present writ petition, the petitioner, has approached this Hon’ble Court against the action of the respondent authority, namely the Chairperson of the Hooghly District Primary School Council being the respondent no.5 herein, challenging her transfer order and demotion from the post of Head Teacher to Assistant Primary Teacher.

2. The facts of the case in a nutshell are that the petitioner joined public service as an Assistant Primary Teacher of Sonipur Primary School under Hooghly District Primary School Council, pursuant to a Memorandum of appointment dated 28.04.1993 issued by the Chairman, Ad-hoc Committee. She duly joined the said school on 30.04.1993 and her service was formally approved by the competent authority. On 04.11.2004, the petitioner was appointed as the Head Teacher of Samantakhanda Primary School (KP-46) under Kamarpukur Circle, Hooghly. Since then, she has been discharging her duties sincerely and diligently, earning recognition in the form of three awards, two from the State Government (Nirmal Vidyalaya Puraskar and Sishu Mitra Puraskar) and one from the Central Government (Sachh Vidyalaya Puraskar).

3. Presently at the age of 59 years, the petitioner is suffering from serious ailments, including severe cardiac issues. She underwent Cardioversion treatment last year and is scheduled for Ablation treatment within months. Despite such conditions, she continued to serve in her post. The petitioner received a memo bearing no. 960/DPSC, Hooghly from the Chairperson of the Hooghly District Primary School Council (DPSC) dated 11.07.2025, calling her to a hearing on 15.07.2025 regarding allegations of physical punishment of a student. She asserts that the allegations are false, malicious and intended to malign her reputation. Rather, according to the petitioner, she herself had been assaulted by a student’s parent, in respect to which she lodged a complaint with the local police station. Mass petitions by her students also supported her innocence. At the said hearing, according to her, she was subjected to harassment, denied a copy of the complaint and not informed of the precise charges.

4. Subsequently, the Chairperson of Hooghly District Primary School Council issued an Order vide memo no. 1039/DPSC, Hooghly dated 21.07.2025 transferring her to Batanol Upendra S.N.S.N. Primary School, Arambagh East Circle, by stepping her down from the post of Head Teacher to Assistant Teacher, subject to clearance from the Chief Medical Officer of Health. This was followed the next day by a corrigendum order dated 22.07.2025. The petitioner highlights that such transfer was ordered just months before her superannuation in 2026, contrary to Rule 4 and Rule 5 of the West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002. She underscores that the statute vests transfer powers exclusively with the District Primary School Council and not its chairperson individually. In the instant case, with no functional Council in place, the unilateral transfer order was issued without jurisdiction. In these circumstances, the petitioner asserts that the impugned order is arbitrary and violative of the statutory provisions as well as her rights. Therefore, the present petition has been preferred.

5. The Learned Counsel appearing for the petitioner submits that the petitioner has been compelled to approach this Hon’ble Court assailing the impugned order of transfer issued vide memo no. 1039/DPSC, Hooghly dated 21.07.2025 followed by corrigendum dated 22.07.2025, by which