Barsha Biswas @ Barsha Das (Biswas) v. State Of West Bengal And ORS.

16.06.2022.

Item No. 56.

Court No.13 pk W.P.A. No. 3157 of 2022 Barsha Biswas @ Barsha Das (Biswas)

Versus

State of West Bengal and others Mr. Biswarup Biswas, Mr. Gora Chand Samanta ...For the petitioner.

Mr. B. P. Vaisya, Mr. Suman Dey ...For the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Debey ... For the WBCSSC Counsel for the School Service Commission makes submissions indicating that there is indeed a problem with regard to the school in which the petitioner has been posted since there is no sanctioned post of geography teacher in Chandpara Balika Vidyalaya(H.S.).

The petitioner has chosen three schools for transfer. First option for transfer is Bara High School. Second option is Chandpara Balika Vidyalaya and the third option is Ramchandrapur Pallymongal Vidyapith High School.

In that view of the matter, the Chairman of the West Bengal Central School Service Commission/respondent no. 9 shall consider posting of the petitioner as per choice subject to any other pending application for choice of transfer to the said two schools i.e. option 1 and option 3 as on the date of the petitioner's application i.e. 13th August, 2021.

The Chairman shall also explore the possibility of posting the petitioner in any other nearby school if a vacancy exists in terms of the notification dated 24th September, 2021.

Let a decision be taken by the Chairman of the West Bengal Central School Service Commission within a period of four weeks from the date of communication of a copy of this order and the same be communicated to the petitioner immediately thereafter.

If the Chairman finds favour with the petitioner, the order may be issued for transfer and further action thereafter directing the respondent no. 12 to issue appointment letter in favour of the petitioner in the transferred post/school.

With the aforesaid observations, the writ petition is disposed of.

There will 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.)