Mofizur Rahaman v. State Of West Bengal And ORS.

11.08.2022 ct. 13 sl. 201 sp W.P.A. 4320 of 2022 (Mofizur Rahaman vs. State of West Bengal & Ors.) Mr. Saibal Acharya Mr. Arka Bhattacharya .... For the Petitioner Ms. Sutapa Sanyal, Ms. Rajlakshmi Ghatak ....for the State Mr. Dilip Kr. Shyamal .... For the School Authority Dr. Sutanu Kr. Patra Ms. Supriya Dubey .... For the SSC Report in the form of affidavit filed by the School is taken on record.

It appears from the report that the school has committed an error in stating that the petitioner's application has been refused for insufficient teachers. The only ground appears to be that the petitioner is the, 'single teacher' in the subject in the school. The petitioner being the only teacher in the subject cannot be a ground for refusing to recommend the petitioner's application for transfer.

In those circumstances, the school shall immediately transmit the petitioner's application for transfer upon receipt of a copy of this order with no objection to the District Inspector of Schools (S.E.) and the District Inspector of Schools (S.E.) upon receipt thereof shall take steps in accordance with the 2015

Rules and process the application strictly in terms of the time frame provided therein.

The respondents shall take immediate steps to post a teacher in place of the petitioner in the school in question.

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.)