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 other reasons.

“6. Procedure for submission and consideration of the application (1) An incumbent, may apply for transfer on grounds and manner mentioned in rule 4. The respective authorities involve in the process of transfer ie. School Managing Committee (SMC), District Inspector of Schools of Secondary Education (DI), Central Commission (CSSC), West Bengal Board of Secondary Education (Board) shall consider such transfer application within such time as may be specified by the State Government by guidelines.

(2) Upon submission of application, the authority of SMC shall-

(a) verify the service records and other details of applicant;

(b) examine whether departmental/judicial proceeding is pending or being contemplated, or suspension order is issued against applicant or not. In any such affirmative case, the school authority shall not forward the application;

(c) consider the number(s) of subject teacher(s) and roll strength. If resultant vacancy of school in particular subject become zero, or not commensurate with roll strength, the authority of SMC shall not forward the application;

(d) consider the total application(s) from school is not more than 10% (ten) of total teachers’ strength of school;

(e) dispensed with the provision of clause (e) and (d) of this sub-rule for applications made on grounds mentioned in rule 4 (a) to (d):

Provided that while considering such applications, if resultant vacancy of school in particular subject become (0) zero, or not commensurate with roll strength, the SMC shall approach the CSSC through DI/S (SE) for filling up the vacancy:

Provided further that the CSSC may take endavour to fill such resultant vacancy(s), by any incumbent whose application for transfer is fit for the aforesaid resultant vacancy or under provision of the section 10C of the Act with the approval of the State Government:

Provided also that the Commissioner of School Education shall supervise the process and ensure filling up of such vacancies with utmost priority and send progress report fortnightly to the School Education Department.

(f) cause to examine the applicant by the doctor of SMC in case of transfer application made on medical grounds mentioned in clause (a) of rule 4 and must indicate the disease of the applicant. Which caused serious problem in attending the school.

(g) issue “No Objection Certificate” (NOC) in fit cases and shall forward transfer application to District Inspector concerned.”

2. It admits no ambiguity on a meaningful reading of the aforesaid provisions that a right is conferred upon the incumbent/the teacher to apply for transfer on a designated portal under Rule 4 thereof on the grounds enumerated therein. Undeniably the Clause (c) of Rule 4 contemplates a ground for transfer due to divorce or death of the husband which is regard