Kolkata, Feb. 9 -- The Calcutta High Court has imposed a cost of Rs 50,000 on a state government aided school which is to be paid to a staff for the school's "apathy" towards her in keeping her transfer application on medical grounds pending for years and finally rejecting it.

The Bench of Justice Harish Tandon and Justice Prasenjit Biswas observed that the school managing committee's role requires "serious reprimandation". The petitioner, working at Sumatinagar Sarat Kumari High School, filed a transfer application in 2021-22, stating she is suffering from gynaecological disorder, causing serious problems in attending the school. Her application was taken into consideration in the first resolution of the committee on February 23, 2022 but nothing was discussed on the same.

In the next resolution on September 30, 2024, the committee for the first time said the application cannot be processed due to lack of supporting documents relating to the gynaecological disorder causing impediment in discharge of duties. The court observed that neither of the Rules 4 and 6 under the amended West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 says such documents are to be submitted in support of such claim. Instead, this is why one of the clauses mandates that the committee needs to get the applicant examined by a doctor chosen by them.

The Rule provides that the application based on the disclosed disease forwarded to the District Inspector should further be scrutinised by constituting the medical board and thereafter decision on transfer be taken. Court observed there was no medical expert in the committee which rejected the application without medical opinion. "The apathetic and lackadaisical attitude of the School Managing Committee is evident and eminent from the fact that emerged from the resolution." the court said, finding no justification in keeping the application for transfer in "suspended animation.".

The court imposed Rs 50,000 cost which is to be shared equally by each of the committee members present in the September 30 meeting and pay the same to the writ petitioner within three weeks.

Published by HT Digital Content Services with permission from Millennium Post.