PRAPTI CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) An order of the Commissioner of School Education, West Bengal dated October 05, 2023 is under challenge in the instant writ petition. In the same, pursuant to the direction of the Division Bench of this Court dated August 10, 2023, the said respondent has been considering the writ petitioner"s prayer to seek transfer and rejects the same.

(2.) The subject matter of the writ petition is with regard to the alleged unauthorized and illegal refusal by the respondent authorities of the prayer of the petitioner for transfer. The said respondent has turned down the petitioner"s prayer for transfer on the grounds that, she being a single teacher in the subject Sanskrit in the school, her transfer would not be feasible for benefit of the students. Also, that in accordance with the unamended West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 [vide Notification No. 159-SE/S/1S-4/95(Part) dated February 27, 2015], the petitioner would not be competent and eligible for such transfer. The respondent has stated in the said impugned order while rejecting the petitioner"s prayer as above that Rule 6(5) of the Notification No. 159-SE/S/1S-4/95(Part) dated February 27, 2015, which is applicable in case of the writ petitioner, bears no express provision for transfer of a single subject teacher.

(3.) The writ petitioner is an approved Assistant Teacher in Honours/Post-graduate category in the subject Sanskrit in the respondent school. She was appointed therein with effect from July 14, 2011.