Mutual Transfer Problems – Need Clarifications

Thanks for the reply Somnath. This rule of the SSC is exactly the bone of contention in this case. For example the rules state that
“‘Category’ means Assistant Teachers or the Librarian or Clerical Staff and includes Clerk, Group-D, peon or laboratory Attendant or Night Guard or Matron of a school. and
‘Incumbent’ means a teacher of a school of any category including non-teaching staff and librarian of a school for mutual transfer;”
Now then if we go to the rule you have pointed to, the whole thing seems a bit contradictory and confusing. What exactly does ‘category’ mean? Does a HS school and a secondary school fall under separate categories. I have had a talk to some headmasters and they are of the opinion that ‘category’ simply refers to the medium of instruction as has also been laid down in the rules. As long as everything else is similar(in this case both the applicants are H/PG, both are general category, both are female and both are (co-incidentally) of the same age. So I do not think that there could be any grounds for any headmaster refusing to accept the application. Moreover, there is nothing in the application form that asks if the applicant’s school is HS or Secondary. So, most headmasters don’t think that it is an issue. One has even told me of a mutual transfer in a Madrasah, where one of the applicants, was working as an HS teacher, but after the transfer to a junior high Madrasah, has now been approved as a teacher of the Normal section.
Anyways, after having a talk with several teachers, headmasters, a lawyer as well as the well known and immensely respected Pashupatibabu, I have asked the lady of the school to which my wife seeks transfer, to ask the headmaster to let her know in writing(under the RTI act), the exact reason for refusing to receive the application for transfer, or even to refuse the transfer. We shall then take it up with the SSC.
Will let everyone know of the developments.

My wife is working Assistant Teacher in Sheoraphuli Surendranath Vidhyaniketan for Girls. In the year 2011 she was send for B. Ed. training from school after signing a Bond for 3 years, mentioning that she can’t left the school within the period of three years. After that Mutual Transfer Rule has came into the force. According to this rule she find her match and apply for mutual transfer. Now school managing committee do not agree to sign her no objection and declaration form as there is a bond. We approached to the Managing Committee that before enacting of the Mutual Transfer rule there was possibility of hamper of school because of release of a teacher as the post would have been vacant for one year. But in case of Mutual Transfer, the respective teacher have to join within 3 days. Hence, there is no question of hamper of school. But they stand at the same point. In this position what shall I do.

Actually I don’t know whether there is any Govt. Order or not.

I’ve no idea but I feel if the matter is taken to the notice of the Honorable minister-in-charge, hon’be CM for consideration new up-dated G.O. will be published… However alternatively, one may go to the High Court which is less advisable as it may time-consuming. But at first an RTI should be made to the SSC and the WBBSE to get the guideline. I think otherwise the MC cannot/may not give no objection certificate on the basis of the bond…