Chandan Dey v. State Of West Bengal And ORS.

09.06.2022.

Court No.13 Item No. 68 ap W.P.A. No. 6979 of 2022 Chandan Dey

Versus

The State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri, Ms. Diksha Ghosh.

...For the petitioner.

Mr. Bhaskar Prasad Vaisya, Mr. Arindam Chattopadhyay.

..For the State.

Mr. Sourav Mitra, Mr. Suman Dey.

...For SSC.

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

The petitioner is aggrieved by an order dated 1st April, 2022, passed by the Commissioner of School Education, pursuant to a direction of this Court dated 1st February, 2022, passed in W.P.A. No. 16855 of 2021.

The application for transfer of the petitioner was rejected by application of the Transfer Rules of 2015. Without going into the propriety of the said decision, the petitioner is hereby permitted to apply afresh through the Utsashree Portal in terms of the amendment Circular of the State dated 3rd January, 2022.

Upon receipt of the said application, the head of the institution shall forward the same to the concerned District Inspector of Schools (SE), for onward

consideration by the concerned District Inspector of Schools (SE) and CSE in accordance with the aforesaid Circular, since the petitioner seeks general transfer on the ground of distance, and not for medical reasons. The concerned District Inspector of Schools (SE) and CSE shall consider the application of the petitioner, strictly in terms of the Circular dated 3rd January, 2022.

The impugned order dated 1st April, 2022 passed by the Commissioner of School Education, shall stand set aside.

With the aforesaid directions, 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.)