Rakhi Das v. State Of West Bengal And ORS.

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(ML) (ML) 06.05.2025 06.05.2025 Ct. No. 18 (ARPAN) W.P.A. 8934 OF 2025 Rakhi Das Vs.

The State of West Bengal & Others Md. Manuwar Ali, Adv.

Mr. Arpan Sinha, Adv.

...for the Petitioner Ms. Kakali Samajpaty, Adv.

Mr. Kaustav Bhattacharya, Adv.

...for the State Mr. Kanak Kiran Bandyopadhyay, Adv.

...for W.B.C.S.S.C.

Ms. Koyeli Bhattacharyya, Adv.

...for W.B.B.S.E.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

Learned advocate representing the petitioner submits that an application for transfer in offline mode was made in prescribed pro-forma on 5th March, 2025 on the ground of distance in between the present school of the petitioner and her place of residence. Petitioner is presently working as Assistant Teacher in a Government aided school. It is also averred in paragraph 15 of the writ petition that after issuance of 'No Objection' certificate by the school authority on 17th March, 2025, upon taking necessary steps District Inspector of Schools (S.E.), Murshidabad being respondent no.4 forwarded the transfer application of the petitioner vide memo dated 26th March, 2025 to the West Bengal Central School Service Commission for taking final decision. It is submitted that the concerned

authority of the Commission has not taken any decision till date.

State respondents, West Bengal Central School Service Commission and West Bengal Board of Secondary Education are represented by learned advocates.

It is submitted on behalf of respondent no.4 that learned advocate does not have specific instruction as to whether transfer application had been forwarded by respondent no.4 vide memo dated 26th March, 2025 to the West Bengal Central School Service Commission or not.

Having considered the submissions made on behalf of the parties, writ petition stands disposed of directing Chairman, West Bengal Central School Service Commission being respondent no.3 to decide transfer application of the petitioner by eight (8) weeks from the date of communication of this order in the event Commission has received the transfer application from respondent no.4. Decision to be taken by respondent no.3 shall be communicated to the petitioner by ten (10) days thereafter.

It is made clear that transfer application of the petitioner shall not be rejected on the ground of suspension of portal.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)