(DL)

22.04.2025 Ct. No. 18 (ARPAN W.P.A. 6816 OF 2025 Susmita Chakraborty Vs.

The State of West Bengal & Others Mr. Sabyasachi Chatterjee, Adv.

Mr. Badrul Karim, Adv.

Mr. Kiron Sk. Adv.

Mr. Aritra Ghosh, Adv.

Ms. Monalisha Sinha, Adv.

…for the Petitioner Mr. Bhaskar Prasad Vaisya, AGP.

Mr. Sagnik Chatterjee, Adv.

…for the State Mr. Subir Sanyal, Sr. Adv.

Mr. Ratul Biswas, Adv.

Mr. Kaushik Chowdhury, Adv.

…for D.P.S.C., Howrah Affidavit-of-service filed on behalf of the petitioner is taken on record.

In the writ petition transfer order dated 20^th March, 2025 is assailed whereby petitioner has been transferred from one primary school to another primary school in the same District, Howrah.

Mr. Chatterjee, learned advocate representing the petitioner submits that a notice of hearing was issued on 21^st February, 2025 by the Chairman, District Primary School Council, Howrah disclosing certain allegations against the Head Teacher and primary teachers of the school of the petitioner based on which decision was taken on 25^th February, 2025 to transfer the petitioner. According to the petitioner notice dated 21^st February, 2025 reflects certain aspersions against running of the school where petitioner is presently working and appropriate disciplinary proceeding is required to be initiated against the petitioner. Without initiating appropriate proceeding against the petitioner, such transfer order dated 20^th March, 2025 cannot be issued, which is punitive.

District Primary School Council, Howrah is represented by Mr. Sanyal, learned Senior Advocate who has opposed the writ petition upon placing reliance on Rule 4(a) of the West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002. It is further submitted that the transfer order dated 20^th March, 2025 is not a punitive transfer order and petitioner has been transferred from one primary school to another primary school in the same District of Howrah and also the school where petitioner has been transferred situates nearby to the present school of the petitioner.

Having considered the rival submissions made on behalf of the parties, it appears that the District Primary School Council, Howrah is empowered to transfer a teacher of a primary school within the same district from one school to another in its own motion as provided under Rule 4(a) of the West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002.

Furthermore, a notice may have been issued dated 21^st February, 2025 in order to grant opportunity to the petitioner to make deliberations before the concerned authority of the District Primary School Council, Howrah but the transfer order dated 20^th March, 2025 does not attach stigma so far petitioner is concerned. It is spelt out in the transfer order dated 20^th March, 2025 that in larger interest of primary education petitioner has been transferred.

In view of aforesaid discussions, this Court refuses to interfere with the transfer order dated 20^th March, 2025.

Hence, writ petition stands dismissed.

However, this order shall not preclude the petitioner to prefer appeal challenging the transfer order dated 20^th March, 2025 before the appellate authority, in accordance with law.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)