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Regular-article-logo Monday, 07 October 2024

Nadia teacher moves Calcutta High Court over act allowing transfers

A judge said a detailed hearing of the petition was needed and fixed February 25 for the hearing

Our Legal Reporter Calcutta Published 19.02.20, 08:41 PM
Calcutta High Court

Calcutta High Court Telegraph Picture

A state-aided college teacher has challenged the Bengal university and college act, which empowers the state higher education department to transfer teachers in “greater public interest”.

Bhaskar Kumar Sarkar, a commerce teacher at Karimpur Pannamukhi College in Nadia, has challenged the legality of an education department notice transferring him to another state-aided college.

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Justice Tapabrata Chakraborty of Calcutta High Court has admitted the petition for hearing on February 25. On Wednesday, advocate Amiya Dutta moved the petition on Sarkar’s behalf.

Dutta told the court that two other teachers, from Rashtraguru Surendranath College in North 24-Parganas, had moved a petition challenging the legality of the new legislation. “All three petitions will be heard together on February 25,” Dutta said.

Since the government is not the appointing authority of state college teachers, it has no right to transfer them from one college to another, he said.

A higher education department official said the governing bodies of state-aided colleges were the appointing authority for teachers. “But teachers are bound to obey regulations framed by the state higher education department, which is the authority running the administration of higher education. Moreover, the government bears the responsibility of paying their salaries. So, the government should have the right to transfer teachers in public interest.”

Justice Chakraborty said a detailed hearing of the petition was needed and fixed February 25 for the hearing.

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