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IN THE HIGH COURT AT CALCUTTA
HARISH TANDON, PARTHA SARATHI CHATTERJEE
Pradipta Mukherjee – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
1. The application for transfer taken out by the writ-petitioner/appellant was founded on a ground of having suffered a gynecological disorder causing serious problem in attending School. Though the said application for transfer was forwarded to the District Primary School Council (DPSC), Paschim Medinipur, but received rejection solely on the ground that, in the event, the transfer is effected, it would bring imbalance in the Pupil-Teacher Ratio (PTR).
2. The order of the DPSC was assailed by the writ-petitioner before this Court and the said writ- petition is dismissed by the impugned order upholding the contention of the DPSC i.e., in the event, the transfer is effected, it would disrupt the PTR with liberty to the petitioner to file afresh, in the event, the PTR improves.
3. We are conscious that the transfer is not a vested right though an incident of service. However, the moment the legislation is enacted permitting the transfer application to be decided on a particular parameter, the authority cannot travel beyond the peripheral thereof and have to adhere the mandates given therein.
4. The West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rul
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.
Judicial directives on administrative process regarding transfer applications based on medical conditions.
The court established that the 10% transfer limit applies across academic years, preventing further transfers without new appointments to maintain school staffing levels.
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