Kousik Mukherjee v. State Of West Bengal And ORS.

13.06.2022.

Court No.13 Item No. 109 ap W.P.A. No. 6485 of 2022 Kousik Mukherjee

Versus

The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri.

...For the petitioner.

Mr. Bhaskar Prasad Vaisya, Mr. Arindam Chattopadhyay.

..For the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey.

..For the WBCSSC.

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

The petitioner is aggrieved that his application for transfer that was duly forwarded by the School, has been rejected by the District Inspector of Schools (SE), Bankura, on the ground that he is single teacher in the subject.

Counsel for the petitioner submits that the finding of the District Inspector of Schools (SE), Bankura, is contrary to law, since otherwise the head of the Institution could not have recommended his application for transfer. Even otherwise, the single teacher Rule has been watered down by the Notification dated 3rd January, 2022.

In that view of the matter, the petitioner's application shall be processed by the District Inspector of Schools (SE), Bankura, in consultation with the CSE, in terms of the 2015 Rules (as amended from

time to time) within a period of six weeks from the date of communication of a copy of this order.

The order of the District Inspector of Schools (SE), Bankura, shall stand set aside. In the event, the vacancy does not exist in the existing School already chosen by the petitioner, he will be entitled to indicate three other choices.

With the aforesaid observations, the instant writ petition shall stand 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.)