Biswajit Paul v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

24.06.

Ct. No. 24 CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 1045 of 2024 Ab Biswajit Paul Vs.

The State of West Bengal and others.

--------------- Mr. Sudip Ghosh Chowdhury, Ms. Pritha Biswas, Ms. Upasana Sarkar.

... for the petitioner.

Mr. Samrat Mukherjee, Ms. Mary Datta.

... for the State.

Mr. Sunit Kumar Roy.

... for the SSC.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta, Mr. Manas Bhattacharyya.

... for the WBBSE.

1. The affidavit of service filed today is taken on record.

2. In spite of service, none appears for the school authorities.

3. The petitioner is an Assistant Teacher.

The petitioner has applied for a transfer from the School, for which the School had duly issued 'No Objection Certificate'.

4. The transfer was sought on the child medical ground of the petitioner. The child of the petitioner has already gone through the two-tier medical examination, first by the School and then by the District Inspector of Schools (SE).

5. The respondent no. 4 had thereafter forward the recommendation to the respondent no. 3 sometime in 2022.

6. It appears from the record that the respondent no. 3 has not disposed of such application, which is pending since 2022.

7. The respondent no. 3, Chairman, West Bengal Central School Service Commission or any appropriate authority is directed to consider the case of the petitioner and dispose of by July 30, 2026,. The Chairman will recommend the transfer of the petitioner to a school of her choice, provided such school is not notified for any other employment process. The Commission shall disclose the vacancy position if opted vacancy of the petitioner is exhausted.

8. With these aforesaid directions, the writ petition is disposed of.

9. There shall, however, be no order as to costs.

10. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Reetobroto Kumar Mitra, J.)