Calcutta High Court steps in for working mother: Why child’s autism overrules strict state school transfer rules
Suspension of transfer portal cannot prevent the mother's application from being considered by the authorities, the Calcutta High Court said.
child suffering from Autism Spectrum disorder is not covered under Rule 4a of the West Bengal School Education Department's notification.(Representational Image) Calcutta High Court: Granting relief to a working mother, the Calcutta High Court has directed the District Inspector of Schools (DIOS) to process a teacher’s pending transfer request filed on the medical ground that her child suffers from Autism Spectrum disorder.
The court observed that the plea cannot be rejected merely because her child’s disorder is not covered under Rule 4A (provisions for transfers on special grounds) of the school’s notification.
Justice Reetobroto Kumar Mitra directed the DIOS to act at the earliest on the mother’s transfer plea, subject to favourable certification from the Chief Medical Officer of Health.
“It is clear that transfer of an incumbent cannot be rejected merely on the ground that the child suffering from Autism Spectrum disorder is not covered under Rule 4a of the notification dated 8th September, 2021,” the May 20 order noted.
The mother had filed a transfer plea for her child, who suffers from Autism Spectrum disorder.
“I direct District Inspector of Schools (SE), Purba Medinipur, to take necessary steps to consider the application for transfer made by the petitioner in accordance with law at the earliest but positively within a period of eight weeks from the date of communication of this order,” Justice Reetobroto Kumar Mitra added.
Mother’s transfer plea
- The mother’s transfer application from her present school to another school under the West Bengal Central School Service was pending before the District Inspector of Schools for consideration.
- Attributing to the delay was the suspension of the ‘UTSASHREE’ portal, launched by the West Bengal School Education Department for the transfer of teaching and non-teaching staff.
Rule 4A of Notification
- The West Bengal School Education Department’s notification dated September 8, 2021, regulates the provisions for transfers on special grounds and reallocation through the UTSASHREE portal.
- 4(a) Any incumbent or his/her son/daughter/spouse suffering from malignant disease/severe heart disease/ renal failure/ thalassemia, replacement of organ/serious gynaecological disorder causing a serious problem in attending the school
- The above-mentioned list does not cover Autism Spectrum disorder under it.
‘Immediate steps to be taken’
The Calcutta High Court said that after the Chief Medical Officer of Health certifies in the mother’s favour, the District Inspector of Schools must immediately forward the application of the mother to the West Bengal Central School Service Commission for taking consequential steps.
The court also directed the authorities to complete the process in accordance with the law within a period of eight weeks after receiving all the documents from the District Inspector of Schools, and clarified that the suspension of the UTSASHREE portal could not prevent the mother’s application from being considered by the authorities.
‘Sacrifice your wishes’
The Calcutta High Court recently modified a custody arrangement in an ongoing dispute between the estranged parents of a child diagnosed with Attention Deficit/Hyperactivity Disorder (ADHD), observing that “parents should be ready to sacrifice their own wishes for the best interest” of the child.
Justice Om Narayan Rai was hearing the plea filed by the mother challenging the trial court’s order granting temporary custody of the child to the father, and pointed out that the couple must ensure that the hope and trust expressed by the doctor treating the child are not betrayed.
The Calcutta High Court further emphasised that the estranged couple should ensure that the child’s condition improves and develops, and there is no deterioration, even in the least.
“Both parties have agreed to (and in any case they should) take into consideration the special needs of the child. The parents should be ready to sacrifice their own wishes for the best interest of the child,” the May 15 order read.
Share
