Mohuya Gorai v. State Of West Bengal And ORS.

Court No. 17 WPA 10058 of 2021 Mohuya Gorai Vs.

The State of West Bengal & Ors.

(Via Video Conference) 20.12.2021 (AD 262) (S. Banerjee) Sk. Rejaul Alam ... for the petitioner Mr. Supriyo Chattopadhyay Mr. Sabyasachi Mondal Mr. Mrinal Kanti Ghosh ... for the State Ms. Koyeli Bhattacharya ... for the WBBSE Ms. Atmaja Bandyopadhyay Ms. Anandamayee Dutta ... for the SSC Mr. Tapas Kumar Ghosh Mr. Tanmoy Chowdhury ... for the then teachers' representative, Ms. Ranjana Murmu Let the affidavit of service filed in court today be kept on record.

The teacher who gave a written information to the petitioner as to not having any vacancy in Physical Education in Kotrong Adarsha Balika Vidyalaya is personally present before the court in compliance with the order of this court dated 15.12.2021.

I have heard the said teacher and I am satisfied with the explanation given by her as to the circumstances under which the said intimation in writing was given.

The personal appearance of the said teacher of Kotrong Adarsha Balika Vidyalaya is dispensed with. Learned advocate for the District Inspector of Schools submits that in the meantime after knowing the whole situation as to not having any vacancy in Physical Education teacher in Kotrong Adarsha Balika Vidyalaya, the DI (SE) has sent the name of a school where such a vacancy exists as on date. The name of the school is Pulin Beheri Gostha Behari Balika Bidyamandir. Learned advocate for the petitioner has handed over a vacancy list of seven schools submitting that his client is willing to go to any of the schools out of those seven schools.

The said Pulin Beheri Gostha Behari Balika Bidyamandir is one out of those seven schools and, therefore, there cannot be any impediment for the petitioner if her name is recommended by the School Service Commission to the post of Physical Education teacher in the above-named school and to take appropriate steps in this regard by directing the West Bengal Board of Secondary Education for issuance of appointment letter. The previous appointment letter issued by the Board on recommendation of the Commission is cancelled along with the said recommendation of the Commission.

The Commission is directed to recommend the name of the petitioner to the above-named school by 24th December, 2021 to the Board and the Board is directed to issue appointment letter to the petitioner by 7th January, 2022. On receiving such appointment letter the petitioner shall have liberty to go to the above-

named school for joining and she will be allowed to join in the said school.

With the above direction this writ application is disposed of.

(Abhijit Gangopadhyay, J.)