Sukanta Das v. State Of West Bengal And ORS.

26.07.2022 Court No.13 Item No.108 pk WPA 2714 of 2022 Sukanta Das Vs.

The State of West Bengal and Ors.

Mr. Ujjal Ray, Mr. Arpa Chakraborty ... For the petitioner.

Mr. Bhaskar Prasad Vaisya, Mr. Ranjan Saha ..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 applied for transfer from his present school to the other on 26th August, 2021. The application has been come back from the end of the D.I. of Schools on the ground of single teacher. As the petitioner applied before the amendment of General Transfer Rules, 2015 (amendment came in September, 2021) the "single teacher" bar cannot apply to petitioner. The amendment has no retrospective effect. Hence, the decision of the D.I. of Schools for sending back the said application to the petitioner is set aside and quashed.

The D.I. of Schools shall forward the petitioner's application to the School Service Commission. The School Service Commission is directed to consider the matter afresh and to transfer the petitioner

if he is otherwise eligible within a period of two weeks from date.

The petitioner is granted liberty to file the application afresh, if required, only for the purpose of opting for some new schools through the Utsashree portal as the posts in the school which the petitioner had opted for through the Utsashree portal earlier might have been filled up in the meantime. So, the petitioner may apply with new schools including the schools for which he applied for earlier if the posts in the school opted for previously are still vacant.

The petitioner is directed to serve a copy of this order upon the D. I. of Schools (SE) and the School Service Commission immediately.

The impugned order shall stand set aside.

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.)