Dhiritikanata Mondal v. State Of West Bengal And ORS.

15.06.2022.

Court No.13 Item No. 57 ap W.P.A. No. 823 of 2022 Dhritikanata Mondal

Versus

The State of West Bengal & Ors.

Mr. Ujjal Ray.

...For the petitioner.

Mr. Supriyo Chattopadhyay, Mr. Amritalal Chatterjee.

...For the State.

Mr. Tarun Jyoti Tewari.

...For the respondent no.8.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey.

..For the WBCSSC.

The petitioner's application for transfer was forwarded by the Headmaster of Panna Bharat Ratna Roy Vidyamandir with a rider that there is only one teacher eventually, taking Physical Education in the School.

The District Inspector of Schools (SE), Paschim Midnapore has returned the said application of the petitioner on the ground that the petitioner is the only teacher in his subject.

Since the single teacher bar has been diluted by reason of the amendment effected by Notification dated 3rd January, 2022 of the School Education Department, the petitioner's application for transfer shall be considered by the District Inspector of Schools (SE), Paschim Midnapore in consultation with the CSE

in terms of the Rules of 2015 as amended from time to time.

The earlier endorsement and the order of the District Inspector of Schools (SE), Paschim Midnapore returning the petitioner's application for transfer shall stand set aside.

The District Inspector of Schools (SE), Paschim Midnapore and CSE shall take a decision within a period of six weeks from the date of communication of a copy of this order on the choice made by the petitioner subject to availability of vacancy. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)