Government of West Bengal
School Education Department
Secondary Branch
Bikash Bhaban, Salt Lake – 700091
No. 216/SE/S/10M-09/2023 Date: 10.02.2023
NOTIFICATION
Sub: Policy for rationalization of teachers working in recognised non-Government aided/ sponsored secondary schools in the State.
Backgrounds:
As per State policy, the State is bound to maintain the required nos. of subject/ group teachers in terms of Govt. order regarding bare minimum staff pattern to be maintained in secondary schools for ensuring the right of children to get education in schools. The State being welfare State has to be benevolent to its teachers who are appointed in Recognised State aided/ sponsored schools and had no avenue for transfer at relevant point of their appointments. Thus within the frame work of law, transfer policy was introduced by the State Government in 2012, initially on mutual basis by two consenting teachers, then by means of general transfer on basis of their applications. These two avenues provided to teachers to get preferable posting by means of transfers. Availing these transfer avenues, teachers get posted at their convenience which has sometime caused the disproportionate PTR in some schools. There are observations of the Hon’ble Court to rationalize the teachers for protecting the educational right of the children of schools suffering from the lack of teachers.
Thus, for protecting the educational right of student as well as for optimum utilization of manpower and to realize full potential of such teacher a policy for rationalization of teachers working in recognised non-Government aided/ sponsored secondary schools in the State is much needed one to cope up with present situation.
Policy for rationalization of teachers:
The following Policy is hereby introduced for rationalization of teachers working in recognised non-Government aided/ sponsored secondary schools in the State:
(1) As the required nos. of subject/ group teachers in terms of Govt. order regarding staff pattern in ratio of student in each class has to be maintained in secondary schools, the Upper Primary/ Secondary/ HS Schools having surplus subject/ subject group teachers in ratio of students are proposed to serve to schools having less subject/ subject group teachers or adverse PTR. To starts reallocation, in first priority, the schools suffering most adversely for want of subject/ subject group teachers in ratio of students may be taken care of with the schools having most nos. of excessive subject teachers in ratio of students.
(2) New entrants in service may be ordered to serve the less teacher/ adverse PTR schools in first priority. Teachers appointed in Physical Disability category, old teachers who is going to retire within 2 years, female teachers having children to take care, will remain in last priority for the purpose of reallocation.
(3) While allocating teachers from schools having surplus teacher, endeavour may be taken to allocate them within district where he/she presently working to a school having less subject/ subject group teachers or adverse PTR in the same district. If no matches available at district level, then such teachers may be placed at regions level so on and forth. Due care should also be taken in regard to medium of instruction of schools and teacher to be placed. Male teachers cannot be placed in girls’ schools.
(4) In case, a school is running with less subject/ subject group teachers or adverse PTR, but the vacancies of teaching posts of the school have been reported for direct recruitment, and the process not yet completed, then,
(a) If tentatively vacancies have been reported for direct recruitment to the School Service Commission but final school wise vacancies yet to be reported for the recruitment as per recruitment Rules, the required subject teacher may be placed by this rationalization policy in the said school.
(b) In case, in the recruitment Rules there is no provision for reporting of vacancies twice i.e. tentative and final, and vacancy of any such school(s) have been reported to the Commission as per recruitment Rules; then against the said reported vacancy, the service of subject/ subject group teacher of schools having surplus teacher, may be used for a period till regular recruited teachers join in the said school. During such utilization, the terms and conditions of service including drawal of pay and allowances, sanction of leave, disciplinary control etc., shall remain with the parent school authority or office or Board, as the case may be and shall not be any way altered to the disadvantage of such teacher. Upon joining of regular recruited teacher in the schools, the concerned District Inspector Schools, through the Directorate of school Education may send the proposal for either to revert the teacher to parent school or to be transferred to any other school having less subject/subject group teachers or adverse PTR as per extant procedures and guidelines.
(5) The Directorate of School Education, upon information received from the District Inspector Schools, in line of the above policy, is hereby directed to determine the list of schools having deficit and surplus teachers showing corresponding PTR and to submit concrete proposal to the Department for inter/ intra district reallocation of teachers to the schools having less subject/subject group teachers or adverse PTR. (Format A is annexed).
(6) After getting the proposal, by invoking the provision of administrative transfer i.e. section 10C of the West Bengal School Service Commission Act, 1997, and notification made thereof, the teachers will be transferred to the schools having less subject/ subject group teachers or adverse PTR, subject to such conditions as mentioned in clause 4(b) or otherwise, if applicable in terms of this policy.
(7) The State Government keeping the situation in mind also decided to take long term measures to protect the schools from being teacher less as follows:
(a) The School Education Directorate and the Secondary Education Branch of the School Education Department, West Bengal will conduct exercise drill in terms of section 11 and 12 of the West Bengal Schools Control of Expenditure Act, 2005 on frequent basis per year for shifting of teachers from schools having lesser enrolment to the deficit teacher schools as per policy framework.
(b) No application for own seeking transfer shall be allowed from the schools having adverse subject/ group subject PTR. Transfer Rules have already been amended accordingly. All concerned offices relating to transfer process, shall follow the same.
Principal Secretary
School Education Department