Rajkumar Nandi v. State Of West Bengal And ORS.

06-06-2022 ct no. 13 Sl. 34 sp WPA 2454 of 2022 Rajkumar Nandi -VersusThe State of West Bengal & Ors.

Mr. Kamalesh Bhattacharya, Mr. Aninda Bhattacharya .....for the petitioner Mr. Bhaskar Prasad Vaisya, Mr. Arindam Chattopadhyay ...for the State Dr. Sutanu Kr. Patra, Ms. Supriya Dubey ...for the WBCSSC The petitioner has applied for transfer from Santuri High School, Purulia to Madpur High School, Arjun Palli Unnayani Gyan Mandir and Gobindapur Makrampur Sarnomoyee Sasmal Siksha Niketan H.S. School.

The petitioner is a teacher in Physical Science. He submits that the application made, is before the Circular dated September 8, 2021, which has prohibited transfer in a single teacher, in case only one teacher is available in the concerned school, for the subject being taught by the applicant.

The petitioner submits that his application is not covered by the Circular dated September 8, 2021, since it could not have been given retrospective effect.

This Court is of the view that even without applying the Circular dated September 8, 2021, the petitioner cannot have any absolute right for transfer to a school of is choice. The same is subject to administrative exigency and the teaching requirements in the said school.

In that view of the matter, since the Circular dated September 8, 2021 has been amended by Circular dated September 22, 2021, as notified on January 3, 2022, with certain directions on the D.I. of Schools and the CSE, this Court directs the concerned Head of the Institution of the respondent no.6 to forward the petitioner's application immediately, upon receipt of a copy of this order.

The D.I. of Schools, upon receipt of the said petitioner's application, shall apply the Circular dated September 22, 2021 strictly and take immediate steps. A reasoned order may be passed by the D.I. of Schools and put up on the portal in question.

It is expected that the aforesaid process shall be completed by the D.I. of Schools and the CSE, within a period of six weeks from the date, positively and mandatorily.

With the aforesaid observations, the instant writ petition shall stand disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)