Moumita Sahu v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

24.06.

Ct. No. 24 CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE.

WPA 2493 of 2024 Ab Moumita Sahu Vs.

The State of West Bengal and others.

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

... for the petitioner.

Mr. Madhu Jana, Ms. Puja Sonkar.

... for the State.

Mr. Sunit Kumar Roy.

... for the SSC.

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

... for the WBBSE.

1.

Let affidavit-of-service, as filed in Court, be kept on record.

2.

In spite of service, none appears on behalf of the school authorities.

3.

The petitioner's application for transfer stood rejected by the school authority on August 26, 2021 on the ground that the petitioner does not fall within the 10% of teachers eligible for transfer. The petitioner contends that he does not fall within the mischief of 10% Rule.

4.

It appears that a long time has elapsed from the date of rejection of the petitioner's prayer. The staff

strength of the school may have changed within these four year period.

5.

In view of the above, the instant writ petition stands disposed of with the observation that it will be open for the petitioner to apply afresh seeking transfer. 6.

In the event such an application for transfer is made by the petitioner, then the same shall be considered by the head of the institution in accordance with law at the earliest, positively within two weeks from the date of receipt of the application.

7.

If the application of the petitioner is allowed, then necessary consequential steps shall be taken by the authority without any further delay.

8.

Since the 'Utsashree Portal' is suspended, the application will be made in the offline mode and be considered by the school and other authorities in the offline mode.

9.

With the aforestated directions, the writ petition is, thus, disposed of.

10.

There shall, however, be no order as to costs. 11.Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)