Anima Maity v. The State Of West Bengal And ORS.

22.09.2025 Court No. 18 Item No.179 (DL) (Suvendu) WPA 7386 of 2025 Anima Maity -Versus- The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Debalina Chakraborty Ms. Pritha Biswas ........ for the petitioner Ms. Supriya Dubey .......for the WBCSSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ....for the WBBSE Mr. Agniswar Chowdhury .....for the State

1. In terms of the order dated 16th April, 2025 District Inspector of Schools (SE), Purba Medinipur being respondent no. 5 has filed a report dated 21st April, 2025 and same is taken on record.

2. On perusal of the report dated 21st April, 2025, it appears that transfer application of the petitioner dated 21st September, 2022 was not forwarded to the West Bengal Central School Service Commission (for short, "Commission") due to suspension of Utshasree portal. It is already decided by this Court in other matters that suspension of portal

cannot take away right of the applicantteacher seeking transfer as such right is conferred by statutory provisions.

3. Hence, respondent no. 5 is directed to forward transfer application of the petitioner to the Chairman of the Commission being respondent no. 4 by three weeks from date of communication of this order. On receipt of transfer application, respondent no. 4 shall decide the same in accordance with law by four weeks thereafter and decision to be taken by respondent no. 4 shall be communicated to the petitioner by fortnight thereafter.

4. It is made clear that suspension of portal shall not be a ground to reject transfer application of the petitioner.

5. Writ petition stands disposed of.

6. There shall be no order as to costs.

7. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)