Mandrita Malik v. State Of West Bengal And ORS.

15. 03. 2022 SA Sl. 256 Court No. 17 WPA 1935 of 2022 Mandrita Malik Vs.

The State of West Bengal & Ors.

Mr. Subhrangsu Panda ..for the petitioner.

Mr. Biswabrata Basu Mallick Mr. Sanjib Das ..for the State.

Dr. S.K. Patra Ms. Supriya Dubey ..for SSC.

Affidavit of service filed in court today be kept on record.

The petitioner applied for transfer from her present school to the other on 12th August, 2021. The application has come back from the end of the School Service Commission on the ground of single teacher. As the petitioner applied before the amendment of General Transfer Rules, 2015 (amendment came in September 2021) the question of single teacher and creating a bar thereby does not appear for the petitioner. Hence, the decision of the School Service Commission for sending back the said application to the petitioner is set aside and quashed.

The School Service Commission is directed to

consider the matter afresh and to transfer the petitioner if she is otherwise eligible within a period of two weeks from date.

The petitioner is granted liberty to file afresh, if required, through Utsoshree portal as the posts in the school for which the petitioner opted through Utsoshree portal earlier might have been filled up in the meantime. So the petitioner may apply with new school including the schools for which she applied earlier if such posts are vacant.

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

(Abhijit Gangopadhyay, J. )