LAWS(CAL)-2022-4-199

JAYATI BANERJEE Vs. THE STATE OF WEST BENGAL

Decided On April 29, 2022
JAYATI BANERJEE Appellant
V/S
The State Of West Bengal Respondents

JUDGEMENT

(1.) This is a transfer application of the petitioner from her present school to another school. This is her 3rd application. First two applications, according to the petitioner, were rejected on grounds which are not tenable in the eye of law. The third rejection i.e. the present one which has been returned from the end of the Head of the Institution on two grounds: (i) Single teacher (ii) more than 10 percent of number of teachers.

(2.) The petitioner assails this decision by saying that she is not at all a single teacher and never was a single teacher and because of the school's wrong notion, she was deprived of her transfer earlier. For the first time the School Service Commission returned her application as single teacher which was not at all the case. The petitioner's case gets support from a report which has been filed by the District Inspector of Schools, Secondary Education (D.I. in short) in compliance of the direction of this court wherein in the concluding part of the report of the DI it has been written on (18/4/2022) that "the petitioner is really not a single teacher of the school in the subject English".

(3.) Therefore, the petitioner is not a single teacher. Now the question is whether her application was beyond 10% of the total number of teachers.