Chairman Of District Primary School Council Cannot Order Transfer Of Teachers: Calcutta High Court
On Friday, in an intra-court appeal whereas a Single Judge refused to interfere with the order of transfer issued against the appellant by the Chairman, North 24 Parganas District Primary School Council, the Calcutta High Court noted that the Chairman did not have the authority or jurisdiction to issue the impugned transfer order to the appellant Assistant Teacher of a Primary...
On Friday, in an intra-court appeal whereas a Single Judge refused to interfere with the order of transfer issued against the appellant by the Chairman, North 24 Parganas District Primary School Council, the Calcutta High Court noted 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.
On 7th October, 2021 the appellant was transferred being aggrieved to which the appellant had preferred a Writ Application before a Single Judge of Calcutta High Court. The single judge, while staying the transfer asked the DPSC North 24 Parganas to file report specifying the reasons of such transfer. After considering the said report the single judge set aside the order of transfer while relying on the Right of Children to Free and Compulsory Education Act, 2009.
The petitioner is the head teacher of a primary school consisting of 488 students. The school to where the petitioner has been transferred consists of 125 students. The schedule in the 2009 Act mentions that the number of teachers to be maintained for a school having above 150 students only is five plus one head teacher. There is no requirement of any head teacher in respect of a school which consists of less than 150 students.
Admittedly in the instant case, the petitioner has been transferred as head teacher of a school with less than 150 students. The same could not have been done in accordance with the provisions of the Act of 2009.
After this order passed by the Ld. Single Judge, the Chairman, North 24 Parganas District Primary School Council had issued an order of transfer of the appellant against which the appellant again filed a writ application which was dismissed by the Single Judge.
The Counsel for the appellant relied upon Rules 4 and 5 of the West Bengal Primary Education (Transfer of Teacher including Head Teacher) Rule, 2002 which confers the power of transfer to the District Primary School Council and not to any other authority including the Chairman.
The Counsel for the respondents, on the other hand, put reliance upon section 53(3) of The West Bengal Primary Education Act, 1973 whereas the Chairman's duty included exercising general supervision and control over the Secretary, the Finance Officer and the staff appointed by the Primary School Council and post and transfer the members of the staff. The word "stuff" is defined under Section 2(xxiia) of the said act wherein it was stated that stuff means, in relation to the West Bengal Board of Primary Education, the employees appointed by the Board against posts sanctioned by the State Government and under Section 2(xxia), "teachers" means a person who holds a teaching post in a Primary teacher's Training on a regular and whole time basis and is paid wholly from the funds under the control of the State Government in the Education Department.
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 District Primary School Council never took any decision for transfer of the appellant.
In these circumstances, the impugned transfer order cannot be sustained in the eyes of law.
Case Title : Dipika Bala Biswas Versus State of West Bengal & Ors.
Citation: 2022 LiveLaw (Cal) 286
Click Here To Read/Download Judgment