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Calcutta High CourtWPA/2439/2021

Nandita Das v. State Of West Bengal And ORS.

2021-01-28Hon'Ble Justice Shekhar B. Saraf2 pages

28.01.2021 ss W.P.A. 2439 of 2021 (Through Video Conference) , Nandita Das Vs.

State of West Bengal & ors.

Mr. Jayanta Samanta Ms. Karunamoyee Samanta ... for the petitioner Ms. Koyeli Bhattacharya ... for the Board Ms. Sanghamitra Nandy Mr. Rakesh Singh ... for the State This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondent authorities in considering her case for transfer under Rule 4(1)(a) of the West Bengal School Service Commission (General Transfer, Transfer on Special Ground and Reallocation) Rules, 2015.

The case of the writ petitioner is that 'no objection' has been given by the school authorities and the file is now lying with the concerned District Inspector of Schools (S.E.).

I have heard learned Counsel for the appearing parties and perused the materials on record.

In my view, the concerned District Inspector of Schools (S.E.), is directed to act in accordance with law

and send the documents to the West Bengal Central School Service Commission who should decide on the matter within a period of four weeks thereafter in accordance with law.

With the above direction, this writ petition is disposed of.

Since no affidavit-in-opposition is called for, allegations made in the writ petition are deemed not to have been admitted.

All parties are to act on website copy of this order. (Shekhar B. Saraf, J.)