LOPAMUDRA SANTRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is arising out of an order dtd. 14/2/2025 in a writ petition challenging the transfer order dtd. 20/1/2025 issued by the Secretary, West Bengal Board of Secondary Education whereby the petitioner being the Headmistress of Serampore R.C. Girls High School, Hooghly has been transferred to Telenipara Bhadreswar Girls High School, Hooghly.

(2.) The principle challenge to the said transfer is based on an communication from the West Bengal Board of Secondary Education dtd. 20/1/2025 in which the Secretary, West Bengal Board of Secondary Education has justified the transfer on the ground of rationalization of subject teachers in terms of Notification No.216/SE/S/10M-09/2023 dtd. 10/2/2023. During the hearing of this appeal, we directed the State to disclose the guidelines for transfer of an employee on administrative ground under Sec. 10C of the West Bengal School Service Commission Act, 1997 as amended from time to time. The said guidelines are disclosed in the affidavit-in-opposition filed on behalf of the respondent no.3.

(3.) The writ petitioner/appellant has filed affidavit-in-reply in which she has disclosed a communication from the Government of West Bengal School Education Department, Secondary Branch dtd. 11/4/2025 to demonstrate that recommendation for transfer in terms of Notification No.216/SE/S/10M-09/2023 dtd. 10/2/2023 towards rationalization of teachers working in recognized non-Government aided/sponsored Upper Primary/Secondary/Higher Secondary Schools have been withdrawn. It is the contention of the writ petitioner/appellant that since the ground for transfer was based on rationalization and the Notification dtd. 11/4/2025 has recalled such recommendations, there cannot be any justification for the respondents not to withdraw the said transfer order on the ground of rationalization.