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2018 DIGILAW 988 (CAL)

Shyamali Mandal v. State of West Bengal

2018-12-18

SHEKHAR B.SARAF

body2018
JUDGMENT : 1. The petitioner is aggrieved by inaction on the part of the school authorities in granting the petitioner ‘No Objection’ that is required as per Rule 4(1)(c) read with Rule 6(3) of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 (hereinafter referred to as “the Rules’). 2. On December 7, 2018 I had passed an order directing the writ petitioner to ensure service on the school authorities who had not appeared on that day. Today, Ms. Pampa Dey (Dhabal), learned Counsel appearing on behalf of the petitioner has filed letter dated December 11, 2018 that indicates service on the Advocate appearing on behalf of the School authorities. The same may be kept on record. 3. Ms. Pampa Dey (Dhabal) submits that the writ petitioner is unable to complete the application form for general transfer on special grounds as per Rule 6(3) since she has not obtained ‘No Objection’ from the concerned school that is to be attached with the said form. 4. Ms. Pampa Dey (Dhabal) also submits that by resolution dated July 17, 2018, the school authorities has rejected the prayer of the petitioner without giving any reason whatsoever. She further submits that even if there is no Bengali teacher in the concerned school, her right to seek general transfer on special ground cannot be taken away. 5. Ms. Pampa Dey (Dhabal) relies on an unreported decision in the case of Mithu Rani De Bag Vs. The State of West Bengal & ors. (W.P. 3279(W) of 2017), wherein a Co-ordinate Bench of this High Court had held that if the concerned teacher comes within the purview of Rule 4 of the 2015 Rules and if she submits an application in accordance with Rule 7 of the 2015 Rules, his/her application cannot be rejected solely on the ground of scarcity of the teacher in the school concerned. 6. Mr. Susanta Pal, learned Counsel appearing on behalf of the State submits that a formal application is required to be made before the school authorities for granting transfer on special ground and the same has not been annexed to the writ petition. 7. I have heard the learned Counsel for the appearing parties and perused the materials on record placed before me. 8. 7. I have heard the learned Counsel for the appearing parties and perused the materials on record placed before me. 8. The petitioner is directed to file a formal application for general transfer on special ground before the school authorities once again and upon filing of such an application the school authorities should grant ‘No Objection’ to the writ petitioner allowing her to apply for general transfer on special ground under Rule 4(1)(c) without prejudice to their rights of withholding the teacher, if they do not get a replacement teacher to teach the Bengali subject. The right of the school authorities shall continue till another Bengali teacher is appointed by the relevant authorities. 9. Accordingly, I direct the concerned State authorities to look into the aspect of the vacancy prevailing in the concerned school and to immediately act on any application that may be made by the school authorities for appointment of Assistant Teachers in Bengali language. 10. It is made clear that the concerned authorities who are required to take the decision of general transfer on special ground shall do so on the merits of the case. 11. Ms. Pampa Dey (Dhabal) had undertaken the Court that even if the transfer is allowed by the authorities concerned, her client shall not insist on transfer till the vacancy in the school is filled up as directed in this order above. 12. With the above direction, the writ petition is disposed of without, however, any order as to costs. 13. All parties are to act on the website copy of this order.