9911796707
TMI Blog2023 (8) TMI 1550X X X X Extracts X X X X X X X X Extracts X X X X ..... ground of "out of 10 percent". The writ petitioner is an Assistant Teacher of Churamon PC High School, Uttar Dinajpur in the subject Snaskrit. She applied for transfer through Utsashree Portal thrice, as would be evident from the General Transfer status and the documents disclosed in the writ petition. The first transfer application was submitted on 12th August, 2021 before the Head of the Institution. It appears that the managing committee of the school on 31st August, 2021 on consideration of the application had expressed their no objection to release the petitioner, however, the District Inspector of School (S.E), Uttar Dinajpur refused it on the ground of Single Teacher. This order was not challenged by the petitioner. The second applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner is teaching has a sanctioned strength of 42 teachers. Therefore, this gazette notification dated January 3, 2022 at page 49 to the writ petition has no manner of application or relevance in the facts of this case". 4. In dismissing the writ petition it was also observed "Last but not the least, while dealing with the transfer matters this Court has found that, there is an alarming situation. It is true that though right to opt for transfer is not a vested right of a teacher as settled in law but since the provisions and Rules are made for transfer of a teacher under which a teacher can opt for transfer, such provisions also cannot be ignored. A reasonableness and balance must work together. The teachers are employed to impart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on dated 29th September, 2022 the teacher has no vested right to claim transfer. 7. We are not unmindful of the fact that in view of the Right of Children to Free and Compulsory Education Act, 2009 it is the obligation of the State to implement the provisions of the said Act. We cannot also lost sight of the fact that there is a need for rationalization of policy of transfers of the teachers. 8. The service conditions gives right to claim transfer on fulfillment of certain conditions. An application for transfer has to be considered on the basis of existing and/or prevailing rules. We do not find any material to reject the said application of the petitioner by the Head of Institution on the ground of "out of 10%" and no sufficient materia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for transfer of the petitioner on verification of the record and production of relevant documents by the school authorities. It is needless to mention that the application for transfer shall be considered on the basis of norms prevalent at the relevant point of time and not on the basis of any subsequent circular. The interest of the students would also be a relevant consideration. 11 The order under challenge is thus, set aside. 12. The Commissioner of School Education shall decide the issue within six weeks from the date of communication of this order by either of the parties upon giving an opportunity of hearing to the writ petitioner and the school authorities and decide the matter by passing a reasoned order to be communicated to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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