Pabitra Mondal v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 8999 of 2022 Pabitra Mondal VS The State of West Bengal & Ors Mr. Sourav Sen Mr. Rajib Acharya Ms. Supriya Bhattacharjee ..... for the petitioner Mr. Supriyo Chattopadhyay Mr. Bipin Ghosh .... For State Mr. Sourav Mitra Mr. Suman Dey .... For CSSC The petitioner's case is for General Transfer Court No. 22 30.01.2023 (Item No. 01) (AB) from his present school at Rajaramchak Sikshaniketan (H.S.), Purba Medinipur. The petitioner applied through Utsashree portal. It is pertinent to note that, the State by its executive decision has suspended the Utsashree portal till June 30, 2023 for the time being.

Drawing attention to page 24 from the writ petition Mr. Sourv Sen, learned counsel for the petitioner submitted that, the transfer was rejected by the respondent No. 4 on the plea that "Anti remarks against the applicant regarding transfer against PTR norms".

Mr. Supriyo Chattopadhyay, learned State counsel appearing for respondent Nos. 1, 2 and 4 submitted that, the petitioner is an Assistant Teacher for the subject "Bengali". About 2629

number of students are being taught at the relevant school and only six teachers are available for the said subject. In course of the hearing he also referred to an order dared November 22, 2022 passed by the Hon'ble Division Bench in WPA 10184 of 2020 and submitted that, the new proviso to sub-Rule 6 to Rule 5 of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Re-allocation Rules), 2015 has been added keeping in view the need for maintaining PupilTeacher Ratio (PTR). He submitted that, following the said Pupil-Teacher Ratio the writ petitioner's application for transfer was rejected.

Mr. Sourav Mitra, learned advocate appears for respondent No. 3.

Considering the submissions made on behalf of the parties and considering the materials on record, this Court is also of the view that, the Pupil-Teacher Ratio must prevail upon while considering an application for transfer of a Teacher. It is the interest of the pupils which should be taken as paramount while imparting education through a School. Unless adequate numbers of Teachers are there the interest of the pupils in a School shall be irreparably prejudiced.

In view of the foregoing discussions and reasons, this Court is of the firm view that, there is no infirmity in the decision taken by the respondent No.

4 at page 24 to the writ petition while rejecting the case of the petitioner for transfer.

It is, however, made clear that, in an appropriate circumstance and of course, after making a proper replacement arrangement by the relevant State authority taking into consideration of the PupilTeacher Ratio, if the petitioner will apply afresh following the norms and regulation for transfer strictly in accordance with law, the appropriate State authority may consider the same in accordance with law.

For the foregoing reasons, this writ petition being WPA 8999 of 2022 stands dismissed.

There shall, however, be no order as to costs. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Aniruddha Roy, J.)