Tapan Kumar Das v. State Of West Bengal And ORS.

28.07.2022 Court No.13 Item No.161 pk WPA 7495 of 2022 Tapan Kumar Das Vs.

The State of West Bengal and Ors.

Mr. Tamal Taru Panda ... For the petitioner.

Mr. Biswabrata Basu Mallick, Mr. Sayan Ganguly ..For the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey.

..For the WBCSSC.

Mr. Gobinda Chandra Baidya ... for the respondent no. 5.

The petitioner applied for transfer from his present school to another. The application has been returned by the respondent authorities on the ground of single teacher in the subject.

The single teacher bar is no longer a restriction after the amendment to the 2015 Rules. Hence the decision of the respondent authorities to return the said application to the petitioner is set aside and quashed.

The respondent authorities shall continue to process the petitioner's application in terms of the amended Rules of 2015. The petitioner shall apply afresh if necessary only to modify the original choice of schools, if vacancies opted for earlier have been filled up in the meantime.

Upon the transfer of the petitioner, the SSC in consultation with the concerned D.I. of Schools shall arrange to appoint a teacher in the vacancy created. The petitioner is directed to serve a copy of this order upon the respondent authorities immediately. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)