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Calcutta High CourtWPA/5801/2021disposed

Manas Kumar Nath v. The State Of West Bengal And ORS

2021-03-10Hon'Ble Justice Shekhar B. Saraf2 pages

S/L 58 15.03.2021 Court No.26 SD WPA 5801 of 2021 (Via Video Conference) Manas Kumar Nath Vs.

The State of West Bengal & Ors.

Mr. Sakti Pada Jana ... for the Petitioner.

Affidavit of service filed in Court today be taken on record.

None appears on behalf of the State respondent in spite of service.

Accordingly, Ms. Chaitali Bhattacharyya, who usually appears on behalf of the State respondent, is requested to appear in this matter with junior of her choice. The Legal Remembrancer is directed to regularize the appointment of Ms. Bhattacharyya.

This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondent authorities in considering his application for general transfer on special ground.

Counsel appearing on behalf of the petitioner submits that all documents have been sent to the Commissioner of School Education and the decision should be taken by him. I have heard counsel appearing on behalf of the parties and perused the materials on record.

Accordingly, I direct the Commissioner of School Education, being the respondent no.2 herein to take a decision with regard to the prayer of the petitioner for general transfer on special ground within a period of eight weeks from date.

With these observations, this writ petition stands disposed of.

Since, no affidavit-in-opposition has been called for the allegations made in the writ petition are deemed to have not been admitted by the respondents.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Shekhar B. Saraf, J.)