Sonamuni Sarkar Pal v. State Of West Bengal And ORS.

02.08.2022.

Court No.13 Item No. 149 pk W.P.A. No. 3981 of 2022 Sonamuni Sarkar Pal

Versus

The State of West Bengal & Ors.

Mr. Subhrangsu Panda, Ms. Ina Bhattacharyya, Ms. Mithu Singha Mahapatra ...For the petitioner.

Mr. Bhaskar Prasad Vaisya Mr. Mrinal Kanti Ghosh ..For the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey.

..For the WBCSSC.

Mr. Ekramul Bari, Ms. Tanuja Basak ... For the School The learned counsel for the petitioner submits that the petitioner's application has been refused by the head of the Institution by application of the 10 per cent Rule. It is submitted that 10 per cent Rule has been applied, on a miscalculation of the strength of the teachers vis-à-vis the pending applications as on date. In those circumstances, the petitioner's application for transfer and the application of the 10 per cent Rule shall be revisited by the head of the Institution as on date. Based on the assessment afresh suitable steps shall be taken by the head of the Institution in accordance with the 2015 Rules. The impugned order shall stand set aside.

With the aforesaid observations, the writ petition is 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.)