STATE OF WEST BENGAL Vs. SOMNATH GHOSH

JUDGEMENT

(1.) The appeal is arising out of an order dtd. 22/2/2022 in which the learned Single Judge directed the Principal Secretary to the School Education Department to give an opportunity of hearing to the Madrasha Service Commission and the petitioners in order to consider the right of the petitioners as teachers who were appointed prior to the introduction of the west Bengal Madrasha Service Commission Act in 2008 and pass a reasoned order keeping in mind that the teachers of the institutions, which were given special rights to appoint their own teachers and not by the School Service Commission (like Ramkrishna Mission) have been given the right recently to get the advantage of the General transfer.

(2.) Although the said order appears to be innocuous but having regard to the important question raised with regard to the jurisdiction of the Principal Secretary of School Education Department to consider the representation for general transfer of teachers recruited prior to coming into force of the Madrasha Commission Act, it needs to be decided whether after their service have been transferred to Madrasha Schools their case can be considered for general transfer under the West Bengal School Service Commission Act, 1997 (in short '1997 Act'), although they were all recruited under the School Service Commission Act that, is to say, prior to the bifurcation.

(3.) Both the School Education Department and West Bengal Minority Affairs an Madrasha Education Department are aggrieved by the impugned order.