Ratna Bal v. State Of West Bengal And ORS.

In The High Court at Calcutta ItemCivil Appellate Jurisdiction 03-04-2025 10.

Appellate Side sg FMA 1279 of 2024 CAN 2 of 2025 Ct. 8 Ratna Bal Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri Mr. Rajesh Manna Ms. Indrani Roy Mr. Ankan Mondal ... for the appellant Dr. Sutanu Kumar Patra Ms. Supriya Dubey ...for WBCSSC 1.

The appeal is arising out of an order dated 24th July, 2024 in which the prayer for retransfer of the writ petitioner from Mukul Bose Memorial Institution for Girls to Bhangamora Sardamoni Balika Vidyalaya was rejected by the learned Single Judge by a reasoned order. 2.

Admittedly, the appellant was transferred to Mukul Bose Memorial Institution for Girls on the basis of a transfer order issued by the West Bengal Board of Secondary Education dated 17th May, 2022 based on the recommendation for transfer made by the concerned authority of the West Bengal Central School Service Commission dated 12th May, 2022. This time the petitioner seeks transfer from Mukul Bose Memorial Institution for Girls to Bhangamora Saradamoni Balika Vidyalaya due to poor roll strength in Mukul Bose

Memorial Institution for Girls. In fact, she has made an application for transfer from Bhangamora Saradamoni Balika Vidyalaya, which was acceded to and approved by the appropriate authorities.

3.

The petitioner cannot at her own whims decide to which school she should be transferred. The learned Single Judge was of the view that, the prayer has now been made by the petitioner for transferring her to Bhangamora Saradamoni Balika Vidyalaya in order to avoid future transfer, which may be made by the respondent authorities based on the notification dated 10th February, 2023 for rationalization of teachers working in non-Government aided/sponsored schools.

4.

The said observation does not appear to be unfounded. There is dearth of teacher in the State of West Bengal. For the purpose of rationalization, the State may transfer a teacher to a particular school depending upon the pupilteacher ratio for the interest of welfare of the students. 5.

With the aforesaid observation, the appeal is dismissed. However, there shall be no order as to costs. 6.

In view of dismissal of the appeal, the stay application also stands dismissed.

7.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Soumen Sen, J.)

(Smita Das De, J.)