Supreme Court seeks response of West Bengal government to plea challenging law on school teacher transfers

The Supreme Court on Wednesday sought the response of the West Bengal government to a plea challenging the retrospective application of a law allowing the transfer of public school teachers within the State. [Secondary Teachers and Employees Association and anr etc vs State of West Bengal and ors etc].A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia issued notice to the State including on the prayer for a stay.Senior Advocate Mukul Rohatgi appeared for the petitioner, the Secondary Teachers and Employees Association, and argued that the terms and conditions of service of school teachers cannot be changed prejudicially. He added that the transfers under the law in question were not limited to a district but could be anywhere in the State..The bench was hearing an appeal challenging a Calcutta High Court verict from July, that had upheld the constitutional validity of the 2017 amendment to the West Bengal School Service Commission Act of 1997.The amendment inserted Section 10C to the 1997 Act, thereby empowering the State government to instruct the School Service Commission (SSC) to transfer a teacher from one aided school to another.A High Court division bench of Justices Harish Tandon and Prasenjit Biswas had refused to accept the argument that such transfers would infringe on the right to life of the teachers.The High Court had observed that if person persons were allowed to make such challenges in every transferrable service, then transferred every transferred person may contend that their dignity is impaired and that they are entitled to live a life in a stress-free atmosphere.Striking down the law would result in a situation where none of the employees in public employment can be transferred from one place to another, the High Court had opined.The High Court also junked an argument that once a teacher is appointed in the school of their choice, s/he is immune from being transferred to any other school.The concept of appointment in school in perpetuity has been gradually eroded and such employment is public employment though not a cadre-based employment, the High Court added.On the retrospective application of the amendment, the High Court said that the existing teachers cannot claim a vested right over the terms and conditions of their service.This led to the instant appeal before the Supreme Court..The appeal was filed through advocate Sarad Kumar Singhania.Senior Advocate Pratik Dhar with advocates Kartik Kumar Ray, Gouranga Debnath, Rashmi Singhania and Yash Singhania also appeared for the teachers association..[Read order]