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IN THE HIGH COURT AT CALCUTTA
HARISH TANDON, PRASENJIT BISWAS
Sampa Mondal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
1.The School authority has consciously taken a decision not to forward the application for transfer filed by the appellant on the ground of divorce against her husband. The appellant has challenged the said decision on several scores including that the School authority have acted contrary to the Rules 4 and 6 of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Re- allocation) Rules, 2015. Before we proceed to decide the appeal, it would be profitable and relevant to quote Rules 4 and 6 of the aforesaid Rules which runs thus:
“4. Grounds for transfer.- An incumbent may apply online in the designated portal for transfer on following grounds:
(a) Any incumbent or his/her son/daughter/spouse suffering from malignant disease/severe heart disease/renal failure/thalassemia, replacement of organ/serious gynecological disorder causing serious problem in attending the school;
(b) Physically disablement of 40% or more as certified by competent authority;
(c) Female incumbent facing serious problem in attending the school due to divorce or death of husband;
(d) Incumbent of age 57 years and more and willing for home district posting;
(e) Any othe
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 ....
The court established that the 10% transfer limit applies across academic years, preventing further transfers without new appointments to maintain school staffing levels.
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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