The Calcutta High Court upheld the constitutional validity of Section 10C of the West Bengal School Service Commission Act, 1997 that empowers the State Government to order the School Service Commission to recommend transfer of a teacher from one school to another. Dismissing the argument that such transfers would infringe the right of life of teachers, the Court held, “In the perspective of the service in a public employment, the transfer is an incident of service and if the transfer is made in accordance with the procedure established by law, we do not find any justification that it infringes the fundamental right to life. Every service in the public employment unless forbidden by law is transferable.”
