Bimalendu Bhattacharyya v. State Of West Bengal And ORS.

26.03.2021 ss W.P.A.6712 of 2021 Bimalendu Bhattacharyya Vs.

The State of West Bengal & ors.

Mr. Biswaroop Biswas Mr. Md. Mojnu Sk.

... for the petitioner Mr. Biswabrata Basu Mallick Mr. Sanjib Das ... for the State Ms. Supriya Dubey Ms. Debalina Chakraborty ... for the W.B.C.S.S.C.

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 the representation made by him with reference to transfer under West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015. Counsel for the State submits that the representation was made before the Chairman, Central School Service Commission but it should be made before the Commissioner of School Education, Government of West Bengal.

I have heard learned Counsel for the appearing parties and perused the materials on record.

Accordingly, the petitioner is directed to make a fresh representation with all the documents before the Commissioner of School Education within a period of ten days. Upon receipt of the representation the Commissioner of School Education is directed to consider the same and pass a reasoned order within a period of ten weeks from the date of receipt of such representation.

With the above directions, this writ petition is disposed of.

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

All parties are to act on website copy of this order.

(Shekhar B. Saraf, J.)