Samar Kundu v. State Of West Bengal And ORS.

06/05 AD/06/24 266312 NANDY (DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/8547/2026 Samar Kundu Vs.

The State of West Bengal & Ors.

Mr. Santanu Maji, Advocate Ms. Debrani Mondal, Advocate Mr. Chandan Das, Advocate ......for the Petitioner Mr. Sunit Kumar Roy, Advocate ......for the WBCSSC

1. Let affidavit-of-service, as filed in Court, be kept on record.

2. In spite of service, none appears on behalf of the school authorities.

3. The petitioner is an Assistant Teacher. The petitioner has applied for a transfer from the school, for which the school had duly issued 'No Objection Certificate' (NOC).

4. The transfer was sought on the ground of distance.

5. The respondent no. 9 had thereafter forwarded his recommendation to the respondent no. 5 some time in 2022.

6. It appears from the record that the respondent no. 5 has not disposed of such application which is pending since 2022.

7. The respondent no. 5 or the concerned authority of the Commission is directed to consider and dispose of the application of the petitioner by July 15, 2026, if the preferred vacancies of the petitioner have not been notified for some other recruitment process.

8. The suspension of 'Utsashree Portal' will not be an impediment for the concerned authority to consider the application for transfer of the petitioner. The same shall be considered in an offline mode.

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9. If the Commission allows the application of the petitioner and in the event there is no vacancy in the preferred schools, the Commission will provide an option to the petitioner for other school where vacancies are available.

10. With the afore-stated directions, the writ-petition is disposed of. There shall, however, be no order as to costs.

11. Urgent Photostat Certified Copy of this order, if applied for, be supplied to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)