Calcutta HC stays ‘surplus transfer’ of teachers in Bengal

Kolkata:A single-judge bench of the Calcutta High Court on Wednesday put an interim stay on “surplus transfers” of primary teachers and education workers in state-run schools in West Bengal.​

Justice Bivas Pattanayak, while passing the interim order, ruled that although the state government could continue with the internal process on the recently introduced standard operating procedure (SOP) for surplus transfers and also receive applications from teachers, no transfers could be effected under the new policy until further orders.​

As per the Right to Education Act of 2009, one teacher for every 30 students is considered the ideal student–teacher ratio. However, many primary schools in the state do not meet this ratio. In some places, the number of teachers is more than the number of students, while in others, the number of students far exceeds the teachers available.​

This imbalance has persisted since the previous Mamata Banerjee-led Trinamool Congress regime. After the change of government, the new administration decided to introduce a surplus transfer policy to bring balance to the student–teacher ratio in such schools.​

The state government communicated to teachers willing to be transferred under the policy to apply for the same, clarifying that willing teachers would be transferred first, and later the policy would apply to others as well.​

The state government issued two separate SOPs on July 15 and July 24. Subsequently, a section of primary teachers and education workers approached the Calcutta High Court questioning the SOPs.​

The petitioners argued that there was confusion in the age criteria for surplus transfers, where it was not clear who would get priority. They also claimed there was ambiguity about whether seniority would be considered.​

After a detailed hearing, Justice Pattanayak put an interim stay on surplus transfers of primary teachers and education workers in state-run schools in West Bengal.​

IANS