NADIA DISTRICT PRIMARY SCHOOL COUNCIL Vs. RUPUK SENGUPTA

JUDGEMENT

(1.) The above appeals are taken up together for analogous hearing and for disposal of the same by a common judgment treating the same as on day's list. The intra court appeal has been preferred as against the judgment and order dated 10th July, 2013 passed by the Single Bench quashing the order of transfer. On two grounds, the order of transfer has been quashed by the Single Bench that power of transfer was with the Council not with the Chairman of the Council as per Rule 4 of the West Bengal Primary Education (Transfer of Teacher including Head Teacher) Rules, 2002, hereinafter referred to as the 'Rules of 2002' and provisions of section 53 of West Bengal Primary School Education Act, 1973, hereinafter referred to as the 'Act of 1973' have also been referred to. The Single Bench has also relied upon decision of this Court in Sudipta Ghosh v. State of West Bengal & Ors. dated 17th October, 2012.

(2.) The respondents/petitioners were transferred from one school to another within the same circle vide order dated 2nd May, 2012 issued by the Chairman, Nadia District Primary School Council on the administrative ground for the interest of primary education. They were directed to join the schools where they were transferred to act as Head Teachers/Assistant Teachers in the same circle. The District Primary School Council was not functional as it was not constituted at the relevant time when the Chairman had passed the order of transfer. However, the matter was placed before the District Primary School Council after its constitution and in its meeting held on 4.8.2012, vide Annexure P-4, the Council has approved the transfer and they have approved the action of the Chairman exercising power of transfer and other administrative acts. The Single Bench has quashed the order of transfer. Hence, the intra court appeal has been preferred.

(3.) It was submitted by the learned Counsel appearing for the appellant that in absence of the formation of District Primary School Council, Chairman had the power to function particularly in view of section 53(2) of the Act of 1973. The Chairman could discharge any of the duties of Primary School Council as Council was not constituted. It was a case of administrative exigency in which the power has been exercised by the Chairman. The Chairman was required to report the matter to the Council, which he has reported for consideration of the Council. The Council has approved the order passed by the Chairman. As such, there was no infirmity in the order of transfer. The learned Counsel for the appellant has relied upon the decision of the Division Bench of this Court in Nadia District Primary School Council & Anr. v. Sudipta Ghosh in M.A.T. 1065 of 2013 decided on 26th July, 2013.