Balaram Mondal v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

24.06.

Ct. No. 24 CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 2724 of 2024 Ab Balaram Mondal Vs.

The State of West Bengal and others.

--------------- Mr. Shuvro Prakash Lahiri, Mr. Rajesh Naskar, Mr. Ankan Mondal.

... for the petitioner.

Mr. Madhu Jana, Ms. Puja Sonkar.

... for the State.

Mr. Kanak Kiran Bhattacharyya.

... for the WBCSSC.

Mr. Koyeli Bhattacharyya, Mr. Bibek Das, Mr. Manas Bhatttacharyya.

... for the WBBSE.

1. Affidavit of service, as filed, be kept with the record.

2. In spite of service, the School Authority is not represented.

3. The petitioner is an Assistant Teacher in Radhamohanpur Vivekananda High School since 2018. The petitioner has applied for a transfer from the School, for which the School had duly issued the 'No Objection Certificate (NOC)'.

4. The transfer was sought on spouse medical ground of the petitioner. The petitioner's spouse has also gone through the two-tier medical examination, first by the School and then by the District Inspector of Schools (SE), Paschim Medinipur.

5. The respondent no. 6 had thereafter forwarded his recommendation to the respondent no. 3 sometime in 2022.

6. It appears from the record that the respondent no. 3 has not disposed of such application which is pending since 2022.

7. The respondent no. 3 or the concerned authority of the Commission is directed to consider and dispose of the application of the petitioner by July 20, 2026.

8. In case, the opted Schools are not available, concerned Commission shall provide options of available Schools to the petitioner near to his preferred Schools.

9. Temporary suspension of online 'Utsashree Portal' shall not be a ground for non-consideration of transfer application of the petitioner. The same shall be considered in an offline mode.

10. With this direction, WPA 2724 of 2024 is disposed of. No order as to costs.

11. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Reetobroto Kumar Mitra, J.)