Calcutta High Court: In a case seeking directions to the college authorities to issue No Objection Certificate (NOC), which is a prerequisite for the transfer, a single-judge bench comprising of Subhendu Samanta,* J., held that the petitioner’s prayer for a transfer was justified, and the college authorities’ delay in responding to the NOC request was arbitrary because college authorities were not empowered to consider the suitability of the transfer; this authority rested with the State Directorate of Public Instruction.
Brief Facts
In the instant matter, the petitioner, an Assistant Professor in the Department of English at Dhupguri Girls College, West Bengal, joined the college on 08-04-2017. In 2019, the petitioner applied for a transfer according to the West Bengal College (Transfer of Employees) Rules 2017. The transfer sought was for personal reasons, primarily to attend to his elderly parents who resided approximately 780 km away from the college. Despite multiple applications, the college authorities did not respond to the petitioner’s requests for a NOC, which is a prerequisite for the transfer. Consequently, the petitioner approached the Court seeking directions to the college authorities.
Parties’ Contention
The petitioner contended that the grounds for the transfer request were legitimate, as he needed to fulfill his moral duty towards his elderly parents and look after his family.
The college authority contended that due to a shortage of teachers and non-compliance with teacher-student ratios, approving the petitioner’s transfer would adversely affect students’ interests. It was argued that another teacher from the English Department had also requested a transfer, making it impossible to grant both requests. The college authority had written to the Director of Public Instruction to create additional teacher posts, but this request was pending.
Moot point
Whether the college authority is obligated to issue an NOC for the petitioner’s transfer request, given the petitioner’s justifiable reasons, despite concerns about teacher shortages and student interests?
Relevant Provisions
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The West Bengal College (Transfer of Employees) Rules 2017 govern the transfer of employees in colleges.
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Rule 4 of these rules permits a teacher to apply for transfer based on certain conditions.
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Rule 5 outlines the procedure for submitting transfer applications and indicates that the State Government is the sole authority to examine the merits and pass a final order.
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The college’s role is limited to verifying the accuracy of the information provided by the applicant.
Court’s Assessment
The Court found that the petitioner’s reasons for transfer, including caring for his elderly parents and the distance to his home, constituted an exigency and hardship justifying the transfer. The petitioner’s request is deemed justified on humanitarian grounds under the principles of Natural Justice. Upon considering the facts and circumstances, the Court concluded that the petitioner met the eligibility criteria for transfer under the existing rules.
The Court noted that the college authorities had no jurisdiction to assess the suitability or feasibility of the transfer application, which fell under the purview of the State Directorate of Public Instruction. The Court held that the college authorities had acted arbitrarily by not promptly responding to the petitioner’s NOC request.
Court’s Decision
The Court directed the State Authority to promptly create teacher posts, and the college authority was instructed to issue the NOC within two weeks. Other relevant authorities were urged to process the petitioner’s transfer application within ten weeks, considering its suitability, feasibility, and merits.
The writ petition was granted in favor of the petitioner, and relevant authorities were ordered to act promptly to facilitate the transfer.
[Suvankar Jana v. State of W.B., 2023 SCC OnLine Cal 3429, order dated 06-10-2023]
*Judgment by Justice Subhendu Samanta
Advocates who appeared in this case :
Mr. Swarup Banerjee, Mr. Sajal Kumar Ghosh, Mr. Abhishek Bose, Ms. Dipa Bhattacharya, Counsel for the Petitioner
Mr. Arunava Banerjee, Mr. Sk. Qareeb, Counsel for the Respondent 6-7
Mr. Subhrangshu Panda, Ms. Mithu Singha Mahapatra, Counsel for the Respondent 3-5
Mr. Nilanjan Bhattacharjee, Mr. Saikat Dey, Counsel for the Respondent 8-10
Mr. Arjun Roy Mukherjee, Ms. Sayntanee Bhattacharjee, Counsel for the State
