Jayeta Ghosh v. State Of West Bengal And ORS.

14.01.2022.

d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 78 of 2022 (Via Video Conference) Jayeta Ghosh -versus The State of West Bengal & Ors.

Mr. Nirmalya Kumar Das.

...For the Petitioner.

Mr. Prosenjit Mukherjee, Ms. Madhurima Sarkar.

...For the Madrasah Service Commission.

Mr. Raja Saha, Ms. Rupsha Chakraborty.

...For the State.

The petitioner, a teacher of Madrasah, seeks transfer on the ground akin to one Najmah Yasmeen. The aforesaid Najmah Yasmeen approached this Court by filing writ petition praying for consideration of her application for transfer. By an order dated 23rd April, 2021 passed in WPA 322 of 2021, the Court directed the West Bengal Madrasah Service Commission to consider the prayer of the petitioner for general transfer.

On consideration of the prayer of the said Najmah Yasmeen, the West Bengal Madrasah Service Commission passed an order on 14th July, 2021 and

accepted the prayer for transfer and recommended her to be transferred in a Madrasah according to choice of the petitioner.

The petitioner herein seeks for similar relief. The learned advocate appearing for the West Bengal Madrasah Service Commission submits that the petitioner has already made online application for transfer and her name has been empanelled at serial No. 60 in the panel of candidates who will be called for transfer counselling.

It has been submitted that the petitioner will get a chance at the counselling stage to select the Madrasah of her choice.

The learned advocate appearing for the petitioner submits that her representation dated 12th March, 2020 followed by reminder dated 27th December, 2021 praying for transfer on compassionate ground is pending consideration at the end of the Madrasah Service Commission.

In view of the above, the instant writ petition is disposed of by directing the West Bengal Madrasah Service Commission to consider the representation filed by the petitioner on 12th March, 2020 in accordance with law, at the earliest, but positively within a period of six weeks from the date of communication of a copy of this order.

The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)