June 05, 2025 (66) ARDR WPA 12432 of 2025 Susmita Chakraborty Vs.

The State of West Bengal & ors.

Adv. Kallok Basu, Adv. Badrul Karim, Adv. Aritra Ghosh …for the petitioner. Adv. Ratul Biswas, Adv. Kaushik Chowdhury, …for the Council.

1. Challenging the order dated 30th May, 2025 passed by the Secretary, West Board of Primary Education in connection with an appeal filed under Section 10 of the West Bengal Primary Education (Transfer of Teachers including Head Teachers) Rules, 2002 (hereinafter referred to as the „Said Rules‟), the instant writ petition has been filed.

2. At the very outset, Mr. Bose, learned senior counsel representing the petitioner would candidly submit that due to inadvertence the Secretary, West Bengal Board of Primary Education has not been made a party. Although, he had belatedly attempted to file an application with an advance copy to the Secretary, West Bengal Board of Primary Education, such attempt did not succeed and the application could not be filed in time.

3. Mr. Ratul Biswas appears on behalf of the Council.

However, since he usually appears on behalf of the Board while directing the Secretary, West Bengal Board of Primary Education to be added as a party respondent in the present writ petition, I direct Mr. Biswas to appear on their behalf. Let his appointment in this matter be regularised.

4. Prima facie, it would transpire that the Chairman, District Primary School Council, Howrah had issued a notice dated 10th February, 2025 in connection with a hearing by noting the following grounds:

“OFFICE OF THE DISTRICT PRIMARY SCHOOL COUNCIL, HOWRAH “SIKSHA BHAWAN”

18, NITYADHAN MUKHERJEE ROAD, HOWRAH-71101 Memo No. 311 Date: 10.02.2025 From : The Chairman, District Primary School Council, Howrah.

NOTICE OF HEARING It is reported by the Sub-Inspector of Schools, Bankra Circle Vide Memo no.

BNK/09/2025 dated 08.01.2025 that :-

a) Head Teacher and all other Assistant Teachers of Gramyahitakari Girls‟ Primary School usually attending the school in late hours but signed their attendance showing the time otherwise.

b) The Head Teacher failed to produce any financial documents, Cash Book etc.

before the concerned S.I/S. on demand.

c) Not maintaining the Academic Register properly.

d) Most of teachers are not using TLM which is beyond the quality education of the students.

e) The Head Teacher failed to produce Class Roster before the concerned S.I./S on demand.

Considering the gravity of the REPORT an urgent hearing is scheduled to be held on

13.02.2025 at 12.30 PM at the office chamber of the undersigned.

All the concerned are instructed to be present before the heading as per schedule.

Sd/-

Chairman, District Primary School Council, Howrah.

Dated : 10.02.2025 Memo No.311/(6)

Copy forwarded for information with an instruction to be present before the heading:

1………. 2………. 3……….. 4………. 5……… 6. ……..

Chairman, District Primary School Council, Howrah”

5. Records would reveal that subsequently on 20^th March, 2025 by office order issued by the Chairman, District Primary School Council, Howrah the petitioner was transferred as Head Teacher to Mirzapur Primary School under Andul West Circle, Howrah and was directed to joint within seven days.

6. Although, the petitioner had made a representation against the said transfer order but the same was not considered. Challenging the said transfer order a writ petition was filed which was registered as WPA 6816 of 2025. By an order dated 22^nd April, 2025 the writ petition was dismissed by a coordinate Bench of this Court.

7. Being aggrieved by the said order, the petitioner preferred an appeal. By an order dated 1^st May, 2025 the Division Bench of this Court taking note of the fact that the transfer order in the teeth of a show cause may prima facie appears to be punitive, permitted the petitioner to prefer an appeal from the transfer order in terms of Rule 10 of the said Rules. Pursuant to the aforesaid, the petitioner filed an appeal and the said appeal had been disposed of by the order impugned.

8.