NAJNIN KHURSID Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2016-10-5
HIGH COURT OF CALCUTTA
Decided on October 04,2016

Najnin Khursid Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

SAHIDULLAH MUNSHI,J. - (1.) Affidavit of service filed, be taken on record. By this writ petition the writ petitioner has challenged an order of transfer issued on 2nd June, 2016 by the Chairman, South 24 -Parganas District Primary School Council under his Memo No.0161/6 on a purported ground that the petitioner has become a surplus teacher as per the provisions of Right to Information Act.
(2.) The petitioner was appointed as an Assistant Teacher of primary school on 16th February, 2010 and she was posted to Kharibari Junior Basic School under Joynagar circle in the district of South 24 -Parganas. Petitioner joined her service on and from 24th February, 2010. The petitioner made a prayer before the district Primary School Council for transfer and in pursuance of such prayer she had been transferred to Uttar Khodar Bazar Free Primary School under Baruipur circle in February, 2011 and she joined the said transferred school on and from 17th February, 2011 and since then, the petitioner is performing her duties diligently and sincerely. It has been stated that such transfer was considered due to the petitioner's various ailments owing to her hazardous journey.
(3.) It has been stated by the petitioner that recently various transfer orders have been issued by the Chairman, South 24 -Parganas District Primary School Council whereby a large number of teachers had been transferred in different primary schools in the district of South 24 - parganas purportedly in the interest of local children as per provision of Right to Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the 'said Act' of 2009).;


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