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2005 DIGILAW 462 (CAL)

REENA RANI ROY (SARKAR) v. STATE OF WEST BENGAL

2005-07-22

ARUN KUMAR MITRA

body2005
Arun Kumar Mitra ( 1 ) THE writ petitioner herein is an approved Assistant Teacher in English working in Nabapally Jogendranath Balika Vidyamandir, Barasat, North 24-Parganas. The proforma respondent No. 7 (Sangeeta Mondal) is an approved Assistant Teacher in English working in Mukul Bose Memorial institution for Girls (H. S.), Ramgarh, Kolkata-700 047. ( 2 ) THE petitioner was given appointment on the basis of recommendation of the School Service Commission but the school in which the petitioner was given appointment is situated at a distance of 86 kms. from the residence of petitioner. In the house of the petitioner she has got father-in-law, aged about 70 years and mother-in-law, aged about 62 years. She has got one child, aged about 2 years. ( 3 ) THE proforma respondent No. 7 is also in similar difficulty but the residence of the proforma respondent No. 7 is at North 24-Parganas, nearer to the school of the petitioner. ( 4 ) ACCORDINGLY, both the petitioner and the proforma respondent No. 7 submitted joint representation on 19th July, 2004 before their respective authorities. Copy of the said joint representation has been made Annexure 'p2'. ( 5 ) NOTHING developed and the petitioner along with the said proforma respondent No. 7 again submitted joint representation but this time they submitted the representation before the Secretary, Education Department, government of West Bengal. This was submitted on 02. 11. 2004 which has been made Annexure-'p3' to the writ petition. ( 6 ) THEN also getting no response, the petitioner and the said proforma respondent No. 7 filed joint representation before the respective District inspector of Schools (S. E.) concerned. All these representations were only concentrated on one point which is mutual transfer, that is both of the candidates prayed for mutual transfer inasmuch as the subject is same i. e. English and the Managing Committees of both the school also did not raise any objection in this regard. ( 7 ) THE petitioner and the proforma respondent No. 7, expected that their case will be considered but nothing was done. It is practically impossible for both the petitioner and the proforma respondent No. 7 who are lady teachers to attend the school at such a distance regularly. ( 8 ) HEARD the learned Counsel for the petitioner as well as the learned counsel for the proforma Respondent No. 7. It is practically impossible for both the petitioner and the proforma respondent No. 7 who are lady teachers to attend the school at such a distance regularly. ( 8 ) HEARD the learned Counsel for the petitioner as well as the learned counsel for the proforma Respondent No. 7. It appears that both the candidates being in practical difficulty in attending their schools made this joint representation. It is a fact that no such rule is there for mutual transfer insofar as the secondary teachers are concerned. ( 9 ) IT was submitted by the learned Counsel for the petitioner that there is one guideline given by the governmental authorities to the School service Commission for recommendation of the leady teachers considering the aspect of their difficulties in attending the school and for placement of such lady candidates nearer to their residence. ( 10 ) THE learned Counsel for the petitioner could not produce any such guideline but the learned Counsel submitted one unreported judgment delivered by Justice Soumitra Pal in which His Lordship directed consideration of such claim of the petitioner. Such direction was given to the Secretary. Education Department, Government of West Bengal. ( 11 ) ANOTHER judgment has been produced by the learned Counsel for the petitioner delivered by Hon'ble Justice Pratap Kumar Ray reported in 2004 (2) CLJ (Cal ). p. 26 (Shelly Jaffri Latif v. State of West Bengal and Ors. ). In this judgment in Paragraph 15 His Lordship observed that the State government should provide such benefits which may be termed as special benefit to the lady teachers. The said observations made by His Lordship in Paragraph 15 of this judgment is quoted hereinbelow :-"15. Before parting with this matter, since the learned Advocate for the School Service Commission has submitted that a guideline to be framed by this Court directing the School Service Commission to follow the appointment of women candidates in the nearby locality, this Court feels that certain observation is required to be made to that effect. In the state of West Bengal, the teaching service in the Junior High School secondary Schools and High Secondary Schools including Madrasah are controlled and guided centrally by School Service Commission through its different Regional Offices, which is termed as Regional Service commission. In the state of West Bengal, the teaching service in the Junior High School secondary Schools and High Secondary Schools including Madrasah are controlled and guided centrally by School Service Commission through its different Regional Offices, which is termed as Regional Service commission. As for example, the District Calcutta North 24-Parganas and South 24 Parganas are included in one Region, similarly there are other Regional Commissions in different parts of State who select and recommend the candidates in different schools. Further it is a fact that in rural areas, schools are situated in such a remote corner, which cause serious problem of conveyance. Beside, there is lack of necessary infrastructural facilities as essential for a ady teacher. Since Minister-in-Charge has already applied his mind by suggesting that a lady teachers to be given the choice for appointment in the event for her selection to mitigate the hardship and suffering of the lady teachers due to their residence in far of distance and taking into account of the fact that the married women of India besides their professional works as required to spent more time for the family members and more particularly to rear the children, this Court feels that their appointment after being selected following the selection procedures by the School Service Commission should be made in the nearby schools so that her right to work to fulfill social and economic justice is granted by allowing three or four choices of posting. But this Court is not passing any guideline as it is entirely the policy decision of the Government who may consider this aspect of posting of lady teachers to the nearby locality of their residence to avoid the conveyance problem, health problem, if any as well as the family problem, having due regard to the provision of Article 15 (3) of the Constitution of india, which has empowered the State Government and all other authorities to provide special benefits for the women to fulfill our constitutional goal to render socio-economic justice to the women as well as for women empowerment. " ( 12 ) IN my view, though there is no specific rule which can be produced but it is common and natural that a lady teacher if given appointment far from her residence and she is unable to attend the School then this appointment bears no meaning. " ( 12 ) IN my view, though there is no specific rule which can be produced but it is common and natural that a lady teacher if given appointment far from her residence and she is unable to attend the School then this appointment bears no meaning. It is obvious that when a candidate applies in response to the advertisement of School Service Commission, in the application format address of the candidates remain and it is also a fact that so many vacancies occur at a time and male teachers along with female teachers are given appointments forming a panel. Now, if the School Service Commission becomes considerate in placement of the candidates or the teachers in such a manner so that the lady teachers (this Court is not concerned with male teachers at the present moment) can attend the school easily and comfortably and freely. If and when appointments have already been made and the difficulties are being faced by two candidates and if two candidates of the same subject prayed for mutual transfer I don't find any reason why the Government authorities has raised objection or will not give permission. Before appointment the role of School service Commission comes since their recommendation is necessary but after appointment when the prayer for mutual transfer is there, the Secretary, education Department, Government of West Bengal can easily consider such a prayer after calling of the respective District Inspector of Schools and the respective School authorities. ( 13 ) FROM the facts stated above in the writ petition and the annexures made therein as well as the submissions made by the learned Counsel for the respective teachers I feel that there cannot be any difficulty in considering this claim. ( 14 ) SINCE equity Court is not there in our country, this cannot be said that the Court is unable or helpless in granting equitable relief in a writ petition under article 226 of the Constitution of India. On the one hand recommendation is made for appointment of a lady teacher in a School and on the other hand she is placed with such a situation that she cannot attend the School makes the appointment nugatory. On the one hand recommendation is made for appointment of a lady teacher in a School and on the other hand she is placed with such a situation that she cannot attend the School makes the appointment nugatory. Such appointment bears no meaning and only a consolation to the appointee concerned that is the appointee can know only that in her lifetime she has got an appointment in the post of School Teacher though actually she could not perform her duties as a School teacher. Such position is ridiculous. This is like offering of sweets to a diabetic patient or rather it can be said that a hungry person is shown delicious foods which she has unable to get for the purpose of his consumption. ( 15 ) POSSIBLY, in a model state or by a model employer such type of activities are not accepted. The Government in a welfare state must act fairly, judiciously and as a model employer. The Government should consider the difficulties of the appointees since the Government is going to recruit them for a particular purpose but if such appointments are given, neither the students will get education nor the teacher will get the job for imparting education. ( 16 ) CONSIDERING the above aspects I, therefore, direct the Secretary, education Department, Government of West Bengal to make a positive consideration regarding the prayer of the petitioner and the proforma Respondent no. 7 which is a joint prayer. ( 17 ) AFTER calling the concerned District Inspector of Schools and the concerned Managing authorities of the Schools such effective and/or positive consideration is to be made by the Secretary, Education Department, government of West Bengal within a period of four weeks from the date of communication of the order. The writ petition is thus disposed of with the above directions. Urgent xerox certified copy, if applied for, be given to the parties as early as possible.