- (1.) The reference before us is if "In absence of any law on the mutual transfer, is mutual transfer permissible in any secondary or higher secondary school."
(2.) We are of the opinion that the reference has become redundant.
(3.) There has been an amendment in the West Bengal School Service Commission Act by the West Bengal School Service Commission (Second Amendment) Act, 2010. By Section 2 of the said Amendment Act, Section 10A in the principal Act was added. Section 10A runs as under:- (1) "Notwithstanding anything contained in any other law for the time being in force or in any contract to the contrary, the Central Commission may, on the basis of joint application made to it in the prescribed proforma by two confirmed Teachers of same category, make recommendation for placing their services from one school to another on mutual transfer basis, in such manner, on such condition and within such period, as may be prescribed: Provided that only the two Teachers who have been appointed against the same category of vacancies, holding the same category of post and teaching same subject shall be eligible for such transfer. (2) Notwithstanding anything contained in any other law for the time being in force or in any contract to the contrary, the Central Commission may, on the basis of joint application made to it in the prescribed proforma by two confirmed non-teaching staff, make recommendation for placing their services from one school to another on mutual transfer basis, in such manner, on such condition and within such period, as may be prescribed. Provided that only the two non-teaching staff who have been appointed against the same category of vacancies and holding the same category of post shall be eligible for such transfer.";