Transfer on special grounds remains subject to the basic eligibility conditions under Rule 3 of the 2015 Transfer Rules.

The petitioner, Headmaster of Rina S. B. Vidyatan, sought transfer to Arambagh High School on general/special grounds, citing his residence at Khanakul, medical ailments and difficulties at his existing school.

He applied for transfer on 4 September 2020 and his name appeared in the District Inspector of Schools’ list of applicants for transfer on special grounds dated 6 November 2020.

Respondent No. 13, then Headmaster of Sodepur High School, applied for transfer on 28 July 2020 and was subsequently recommended and transferred to Arambagh High School.

Although he later claimed that the transfer was sought on account of his wife’s illness, his application sought transfer on administrative grounds, did not disclose material service particulars, and was not accompanied by medical documents.

Respondent No. 13 had earlier obtained a general transfer to Sodepur High School on 20 July 2016.

Thus, when he applied for the impugned transfer in July 2020, he had neither completed five years of satisfactory service at Sodepur nor remained eligible for the benefit of general transfer more than once during his service.

The petitioner challenged the recommendation dated 15 February 2021 and the consequential order of transfer, seeking his own transfer to Arambagh High School.

Whether the transfer of Respondent No. 13 to Arambagh High School was valid under the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015, despite his having previously availed general transfer and having served at Sodepur High School for less than five years?

Whether Respondent No. 13’s transfer could be sustained as a transfer on special medical grounds under Rule 4 of the 2015 Rules, when his application sought transfer on administrative grounds and was unsupported by medical documents or a medical enquiry?

Whether the petitioner was entitled to consideration and appointment for transfer to Arambagh High School after the invalidation of Respondent No. 13’s transfer?

The Court applied the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015. Rule 3 requires confirmation in service and five years of satisfactory service in the particular school and post before seeking general transfer, while Rule 9 restricts the benefit of general/mutual transfer to once during the entire service period.

Rule 4 permits transfer on specified special grounds, including serious medical conditions of the teacher or specified family members, but the statutory conditions must be strictly satisfied and the authorities must apply their minds to the supporting materials.

Relying on Himani Parya v. State of West Bengal, the Court held that the basic eligibility requirements under Rule 3 apply even to transfers sought on special grounds.

Relying on The Headmaster, Bhotebari Sitanath High School v. Mapita Samaddar, and Managing Committee of Kamala Girls High School v. State of West Bengal, the Court held that special-ground transfer cannot be granted merely on unsupported assertions or political recommendations and that the competent authority must record a reasoned satisfaction based on contemporaneous materials.

The Court found that Respondent No. 13’s application did not establish any qualifying special medical ground.

His contemporaneous application to the Minister-in-Charge sought transfer on administrative grounds and did not mention his wife’s illness or enclose medical records; nor was any medical enquiry conducted under Rule 4.

The Court further held that Respondent No. 13 had already availed general transfer and had applied for the impugned transfer within five years of joining Sodepur, contrary to Rules 3 and 9.

His transfer therefore could not be treated as a valid special-ground transfer or a second permissible general transfer.

The fact that his name was absent from the District Inspector’s published list, while the petitioner’s name was included, further indicated that Respondent No. 13 had been recommended by bypassing the prescribed procedure.

Since the recommendation and consequential transfer order violated the governing Rules, the Court held them legally unsustainable.

Respondent No. 13 was directed to be reverted to his earlier place of posting.

The West Bengal School Service Commission and the West Bengal Board of Secondary Education were directed to issue the necessary recommendation and appointment letters transferring the petitioner to Arambagh High School as Headmaster within ten days of communication of the judgment.

The writ petition was accordingly disposed of without costs, and the post-judgment prayer for stay was rejected.