Piyali Nandi Mirza v. State Of West Bengal And ORS.

15.03.2022 Item No.205 Ct. No.17 S.A.

W.P.A. 1542 of 2022 Piyali Nandi Mirza -vsThe State of West Bengal & Ors.

Mr. Sakti Pada Jana Mr. Subhajyoti Das ... for the petitioner Mr. Bhaskar Prasad Vaisya, ld. A.G.P.

Ms. Tuli Sinha ...for the State The petitioner applied for transfer from her present school to another. The application has been sent back to the petitioner from the end of District Inspector of Schools on the ground of single teacher. When the petitioner applied for transfer when the rule existing was General Transfer Rules of 2015 which was not amended at that point of time. The amendment came in the month of September, 2021. Therefore, the petitioner's case is to be considered by the concerned District Inspector of Schools on the basis of unamended Rules of 2015.

Hence, the decision of the District Inspector of Schools of returning the application on the ground of single teacher is set aside and quashed.

The District Inspector of Schools is directed to look into the matter afresh within seven days from the date of communication of this order and to forward

the application of the petitioner to the next authority for her transfer.

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

(Abhijit Gangopadhyay, J.)