Shashwati Chowdhury
Published on: August 10, 2022 at 20:11 IST
The Calcutta High Court noted on Friday that the Chairman did not have the authority or jurisdiction to issue the impugned transfer order to the appellant Assistant Teacher of a Primary School in an intra-court appeal in which a Single Judge declined to interfere with the order of transfer issued against the appellant by the Chairman, North 24 Parganas District Primary School Council.
The appellant was transferred on October 7, 2021, and as a result of this, he or she filed a Writ Application before a single judge of the Calcutta High Court. The single judge asked the DPSC North 24 Parganas to submit a report outlining the reasons for the transfer while delaying it. The single judge set aside the transfer order after considering the said report while relying on the Right of Children to Free and Compulsory Education Act, 2009.
The Chairman of the North 24 Parganas District Primary School Council issued an order transferring the appellant after the Ld. Single Judge’s order, and the appellant once more filed a writ application, which the Single Judge dismissed.
The West Bengal Primary Education (Transfer of Teacher including Head Teacher) Rule, 2002’s Rules 4 and 5, which grant the District Primary School Council the power to transfer teachers but not any other authority, including the Chairman, were cited by the appellant’s counsel.
The West Bengal Primary Education Act, 1973, section 53(3), which states that the Chairman was required to exercise general supervision and control over the Secretary, the Finance Officer, and the staff members appointed by the Primary School Council, as well as post and transfer staff members, was cited by the counsel for the respondents.
While concluding, that Section 53(3) of the The West Bengal Primary Education Act, 1973 will not be application here, the court held:
“The Chairman has invoked the authority of the Council by transferring the appellant from one school to another School, which is not permissible under law. Rule 4 specifically authorized the council to transfer an approved teacher and in the instant case admittedly the Chairman had issued the order of transfer and North 24 Parganas”
In these circumstances, the impugned transfer order cannot be sustained in the eyes of law.
