Sangita Bairagi v. The State Of West Bengal And ORS.

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06.03.2025 06.03.2025 Ct. No. 18 (ARPAN) W.P.A. 3910 of 2025 Sangita Bairagi Vs.

The State of West Bengal & Ors.

Mr. Ujjal Ray Sk. Abdur Rahim Ms. Manishikha Mondal ...for the Petitioner Mr. Avirup Mondal Mr. Avijit Mukherjee ...for the State Ms. Supriya Dubey ...for W.B.C.S.S.C Affidavit-of-service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner on general ground (distance) and last application for transfer was made on Utsashree portal on 27th August, 2022. On receipt of application, school authority where petitioner is presently working forwarded the same to the concerned District Inspector of School (S.E.) and 'No Objection' certificate was provided by the school authority. The District Inspector of Schools (S.E.), North 24 Parganas in his turn has processed the transfer application and forwarded the same on 15th September, 2022 to the West Bengal Central School Service Commission for taking final decision.

Grievance of the petitioner is in spite of receipt of application by the Commission far back on 15th September, 2022 through portal till date no decision has been taken.

Respondents are represented by learned advocates who have jointly submitted that transfer application of the petitioner could not be decided contemporaneously due to suspension of portal with effect from 29th September, 2022.

However, it is submitted on behalf of the Commission that if direction is given, concerned authority of the Commission shall decide the transfer application in accordance with law upon treating the same as an application on the ground of distance. Having considered the submissions made on behalf of the parties, writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no.2 to decide the transfer application of the petitioner by eight (8) weeks from the date of communication of this order upon treating the said application as an application made on the ground of distance in between the present school of the petitioner and her place of residence and the decision shall be communicated to the petitioner by ten (10) days thereafter.

It is made clear that suspension of the portal shall not be a ground to reject the transfer application of the petitioner.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)