Md. Shameem Ansari v. State Of West Bengal And ORS.

25. 03. 2022 BP Sl. 156 Court No. 17 WPA 1189 of 2022 Md. Shameem Ansari Vs.

The State of West Bengal & Ors.

Mr. Himadri Barua Mr. Biswajit Das ..for the petitioner.

Mr. Kalyan Kumar Panda ..for the respondent no.6.

Mr. B.P. Vaisya Mr. Ranjan Saha ..for the State.

Today, one report dated 21.03.2022 from the District Inspector of Schools has been filed which is kept on record. The said report of the District Inspector of Schools is a good example of meaninglessness. The DI has actually avoided giving a clear unequivocal report.

The petitioner had filed his first application on 11.08.2021 which was returned. The petitioner filed the second application on 23.09.2021. The petitioner's right under the unamended General Transfer Rules of 2015 has been waived after filing of his second application as when the second application was made the circular/order dated 22.09.2021 regarding transferability of single teacher came into effect. His

case is now covered under the said circular/order as the amendment came into effect from midnight of 8th September, 2021.

In this backdrop the report of the DI dated 21.03.2022 is a clear equivocation. The third paragraph is meaningless for equivocation. The second application was made on 23.09.2021.

I direct the concerned District Inspector of Schools to make one local arrangement if possible so that the petitioner, who has a baby of three and half months, can be transferred to a school nearer to his residence. The DI of Schools will send his order as to this local arrangement to the concerned school if arrangement, if any, is made and also to the petitioner in writing.

Copy of this order is to be sent by the petitioner to the Commissioner of School Education along with a report of the DI dated 21.03.2022 for keeping it in the personal file of the said DI.

With the above observation and direction, this writ application is disposed of.

(Abhijit Gangopadhyay, J. )