Decided on December 21,1994

KANIKA DAS Respondents


- (1.)THIS appeal is directed against the judgement and order dated 2nd April, 1991 passed by Mahitosh Majumder, j. whereby and whereunder the said learned Court has set aside the order dated 24. 8. 1990 transferring Smt. Kanika Das, the writ petitioner/ respondent no. 5 from E. C. Block Primary School, Salt Lake, South Dum dum Circle to Goalbati F. P. School, Sukantanagar as Head Teacher.
(2.)THE fact of the matter lies in a very narrow compass. The writ petitioner/respondent no. 5. at the relevant time was working as Head Teacher in the E. C. Block Primary School, Salt Lake (hereinafter referred to as the said School' ). The writ petitioner was an approved teacher. In relation to an incident involving two teaching staff of the school which occurred in the school premises on 30. 6. 89, the District inspector of Schools (P. E. ). North 24-Parganas, directed the Assistant inspector of Schools to make an enquiry who pursuant thereto held as enquiry and submitted a report before the District Inspector of school (P. E), North 24-Parganas on or about 29. 7. 89 stating, inter alia, that one Smt. Subhra Mukherjee, Assistant Teacher, had physically assulted the writ petitioner in the School hours. The District Inspector of schools (P. E) forwarded a copy of the said report in terms of his letter dated 8. 8. 9o amongst others to the Private Secretary to the Minister-in-charge. Primary and Secondary Education, West Bengal, for information. It, however, appears that the District Inspector of schools (P. E. .) again directed the Asstt. Inspector of Schools (P. E.) North 24-Parganas, to submit a report and pursuant to the said direction he submitted a report dated 4. 8. 90 upon holding inspection of the school. In the said report it was stated that an unauthorised Committee has been functioning in the premises of the school and interfering with the affairs of the school while there exists a valid Advisory Committee therefor. The said Committee was allegedly formed by the guardians of the students of the school. He further arrived at a finding that a pre-primary school namely. 'e. C. Block Pre-Primary school' has been running for about 3 years in the big hall of the approved Primary School without any permission of the competent authority. It was, however, stated that the writ petitioner was also one of the members of the aforementioned unauthorised Committee. In this situation he observed as follows :-
"it may be mentioned here that this unauthorised Committee has been functioning rather interfering into the affairs of the school while there exists a valid Advisory Committee for the school. And it is a funny thing to observe that a member of the Advisory Committee and two approved teachers including the Head Teacher of E. C. Block primary School are in the said unauthorised Committee. "

(3.)IT further appears that the Director of School Education, West bengal, also issued a Memo No. 2782-SC/p dated 28. 9. 89 and pursuant to the said Memo the Deputy Director of School Education, West Bengal, held an enquiry on 4th October, 1989. He was assisted by one Tamal behari Pal, Asstt. Inspector of Schools (Care), North 24-Parganas, in collecting and processing of dates in connection with the enquiry. In relation to the incident dated 30. 6. 1989 the said authority held as follows:-
"an objective analysis of the above incident reveals fairly clearly that both of them acted in a way that had set one of the worst examples of unpedagogieality and indecorum to the students of the school. On the one hand, the said teacher has proved beyond doubt her utter unworthiness to be the head of an educational institution an on the other hand, Smt. Mukherjee has equality obviously betrayed her lack of balance, composure and sense of decorum and proved her emotional incapability of becoming a teacher for the little children despite the fact that she has methodological competence in so far as class room interaction in the cognitive domain is concerned (but that is simply one of the many as facts of the whole concept of teaching ). "

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