Nitya Gopal Mondal v. State Of West Bengal And ORS.
10.04.2025 Court No. 18 Item No. 09 (Suvendu) WPA 6630 of 2025 Nitya Gopal Mondal -Versus- The State of West Bengal & Ors.
Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Ms. Indrani Roy ........for the petitioner Ms. Sharmila Datta Das Mr. Hare Krishna Halder ....for the State Mr. Sourav Mitra ....for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.
Petitioner is Headmaster of a Government aided recognized school who applied for transfer on 3rd February, 2022 on Utshasree portal. It is submitted by learned advocate representing the petitioner that on 3rd February, 2022 school authority where petitioner is presently working forwarded the transfer application to the concerned District Inspector of Schools (SE) for taking steps. It is also submitted on behalf of the petitioner that after forwarding transfer application by the school authority to the concerned District Inspector of Schools till date no steps have been taken.
State respondents and West Bengal Central School Service Commission are represented by learned advocates.
From the communication of the District Inspector of Schools (SE), Nadia dated 3rd April, 2025 which is placed before this Court by learned advocate representing State respondents a different picture appears. It is submitted on behalf of the District Inspector of Schools (SE), Nadia that on 8th February, 2022 transfer application of the petitioner was forwarded through portal to the West Bengal Central School Service Commission for taking decision. It is recorded in the communication dated 3rd April, 2025 that decision could not be taken due to suspension of portal. Said communication dated 3rd April, 2025 is taken on record.
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.
Statutory right of a teacher seeking transfer cannot be denied on the ground of suspension of Utshasree portal and issue is no more res integra in view of the decisions taken
by the Hon'ble Division Bench and this Court in similar other matters.
Hence, Chairman of West Bengal Central School Service Commission being respondent no. 4 is directed to decide transfer application of the petitioner by six weeks from the date of communication of this order and decision to be taken by the respondent no. 4 shall be communicated to the petitioner by ten days thereafter.
However, transfer application of the 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.)