Tanushree Nandi v. State Of West Bengal And ORS.

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03.03.2025 03.03.2025 Ct. No. 18 (ARPAN) W.P.A. 1084 of 2025 Tanushree Nandi Vs.

The State of West Bengal & Ors.

Mr. Himadri Sikhar Chakraborty Mrs. Priyanka Chanda ...for the Petitioner Mr. Biplab Guha Mr. Biswanath Samanta ...for the State Mr. Sourav Mitra ...for W.B.C.S.S.C Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for W.B.B.S.E Matter is heard in presence of the learned advocates representing the parties.

Matter relates to transfer of the petitioner on general ground (distance) and an application for transfer was made on Utsashree portal on 11th February, 2022. After the transfer application was forwarded from the school authority where petitioner is presently working, the concerned District Inspector of Schools refused to process the same since petitioner was found to be a single teacher in the subject in the school and transfer application was sent back to the school authority with a direction to follow notification dated 3rd January, 2022 issued by the Additional Secretary to the Government of West Bengal, School Education Department. Petitioner prays for necessary direction upon the respondent authorities for her transfer.

Learned advocates representing respondents have jointly submitted since petitioner is a single teacher in the subject, she should be transferred provided local arrangement is made in the school.

It is further submitted on behalf of the Commission that the responsibility is upon the concerned District Inspector of Schools (S.E.) to find out an alternative teacher who can man the post of the petitioner in the event of her transfer.

Having considered the respective submissions made on behalf of the parties, writ petition stands disposed of directing the District Inspector of Schools (S.E.), Malda being respondent no.7 to take back the transfer application of the petitioner from the school authority within seven (7) days from the date of communication of this order and make an endeavour to find out willing teacher from neighbouring school who can man the post of the petitioner after her transfer. In the event willing teacher is available from neighbouring school who can work in place of the petitioner in the resultant vacancy temporarily till regular incumbent joins the post, petitioner shall be transferred in accordance with law.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)