Babita Chatterjee @ Babita Chatterjee Samadder v. State Of West Bengal And ORS.

19.07.2022.

Court No.13 Item No. 119 pk W.P.A. No. 2666 of 2022 Babita Chatterjee @ Babita Chatterjee Samadder

Versus

The State of West Bengal & Ors.

Sk. Imtiaj Uddin.

...For the petitioner.

Mr. Rezaul Hossain.

..For the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey.

..For the WBCSSC.

Affidavit-of-service filed in Court today be taken on record.

The petitioner is aggrieved that her application for transfer has been rejected on the ground that she is the only teacher (single teacher) for the subject being taught in the concerned School.

The single teacher bar is no longer applicable in view of the amendment and clarification to the 2015 Rules, inter alia, on 3rd January, 2022.

The petitioner's application for transfer shall be processed afresh and forwarded by the Head of the Department to the District Inspector of Schools within a period of two weeks from the date of communication of a copy of this order.

The Notification dated 21st December, 2021 and the time frame stipulated therein shall be strictly followed by the respondents.

The earlier rejection of transfer shall stand set aside.

Pupil teacher ratio referred to by H.O.I., is also not a ground for rejection of application for transfer under 2015 Rules.

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

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)