LI Network
Published on: 29 July 2023 at 19:06 IST
The Calcutta High Court upheld the constitutionality of the West Bengal School Service Commission Act of 1997 (WBSSC Act), which grants the State government the authority to instruct the School Service Commission (SSC) to transfer teachers from one aided school to another.
The decision was made by a division bench comprising Justices Harish Tandon and Prasenjit Biswas, who dismissed the argument that such transfers would violate the teachers’ right to life.
The court emphasized that in the context of public employment, transfers are considered a natural aspect of service. As long as the transfers are conducted in accordance with established legal procedures, they do not infringe upon the fundamental right to life.
It was noted that all public employment services, unless explicitly prohibited by law, are transferable. Teachers, upon being appointed to a school, are aware that their service can be transferred to another location, and this does not impinge on their right to life.
The bench addressed concerns that transferring teachers between schools might affect their dignity and quality of life. However, they opined that if such arguments were accepted, it could lead to a situation where no employee in public employment could be transferred at all.
The Court further rejected the contention that once a teacher is appointed to a school of their choice, they are immune from any future transfers.
It asserted that the right to education enshrined under Article 21A of the Constitution cannot be curtailed due to a lack of teachers or delays in appointments.
The appointment of a teacher in public employment does not create a vested or existing right to remain in a particular school, especially if there are imbalances in the teacher-pupil ratio over time.
In its extensive 119-page judgment, the bench recognized the crucial role of teachers as mentors and guides in shaping the minds of children and fostering knowledge in the field of education.
Teachers are highly regarded for their contributions to society’s upliftment socially, culturally, and economically.
Their conduct and behavior are closely observed by their students, and as role models, teachers play a significant role in the children’s development and achievements.
The court acknowledged that the concept of permanent appointment in schools has evolved, and while it is not cadre-based employment, it is still considered a form of public employment.
With these considerations, the bench upheld the validity of the provision, thereby affirming the State’s authority to recommend the transfer of school teachers through the School Service Commission.
