Nabanita Patra Karmakar v. State Of West Bengal And ORS.
06.03.2025 Court No. 18 Item No. 18 (Suvendu) WPA 4423 of 2025 Nabanita Patra Karmakar -Versus- The State of West Bengal & Ors.
Mr. Sudip Ghosh Chowdhury .....for the petitioner Mr. Sunit Kumar Roy .....for the WBCSSC Mr. Sounak Bhattacharya Mr. Santanu Sett ...for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja .......for the WBBSE Affidavit of service filed on behalf of the petitioner is taken on record.
An application for transfer was made by the petitioner on Utshasree portal on 7th September, 2021 on the ground that her husband is suffering from malignant disease. In this regard, a medical document dated 3rd February, 2025 issued by Christian Medical College, Vellore is relied upon. The concerned school authority forwarded application of the petitioner on 23rd September, 2021 to the District Inspector of Schools (SE), Bankura for taking further steps. The District
Inspector of Schools (SE), Bankura in his turn has processed the transfer application of the petitioner and forwarded the same through portal on 8th October, 2021 to West Bengal Central School Service Commission for taking final decision.
Grievance of the petitioner is in spite of receiving transfer application far back on 8th October, 2021, till date transfer application has not been decided by the Commission.
Learned advocates representing respondents have jointly submitted that contemporaneously decision on application of the petitioner could not be taken due to suspension of Utshasree portal with effect from 29th September, 2022.
However, it has been submitted on behalf of the Commission that if direction is given upon the appropriate authority, transfer application of the petitioner shall be decided in accordance with law.
In view of submissions made on behalf of the parties, the writ petition stands disposed of by directing the Chairman, West Bengal Central School Service Commission, being respondent no. 3 to take decision on transfer application of the petitioner by four weeks from
date of communication of this order in accordance with law and the decision to be taken by the respondent no. 3 shall be communicated to the petitioner by ten days thereafter. While considering the transfer application of the petitioner, respondent no. 3 shall consider present available vacancies and a vacancy in a school to be selected which is nearby to the place of residence of petitioner. However, application of petitioner shall not be rejected on the ground of suspension of Utshasree portal.
There shall be, however, no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.
(Saugata Bhattacharyya, J.)