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Calcutta High CourtWPA/9627/2023dismissed

Mosarof Hossain v. The State Of West Bengal And ORS.

2023-08-29Hon'Ble Justice Biswajit Basu2 pages

sandip Ct. 18 29.08.2023 W.P.A. 9627 of 2023 Mosarof Hossain Vs.

The State of West Bengal & Ors.

Mr. Shuvro P. Lahiri, Ms. Ankita Dey, Ms. Rajesh Naskar ... For the petitioner. Mr. Sunit Kr. Roy ,,, For the SSC. Ms. Koyeli Bhattacharyya ... For the WBBSE. Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner is an Assistant Teacher in the subject Biological Science at Khanyadihi P.K. H.S. School, Kolaghat, District - Purba Medinipur, he had applied for general transfer on the ground that his father is suffering from cancer.

The Secretary, West Bengal Central School Service Commission had forwarded the said application of the petitioner to the Commissioner of School Education, West Bengal.

Mr. Lahiri, learned counsel for the petitioner submits that during the pendency of the writ petition, the Commissioner of School Education, by his Memo bearing No. 1084/1(1) - 23 dated August 23, 2023 has rejected the prayer of the petitioner on the ground that illness of the father cannot be a ground for

general transfer of a teacher, he files a photocopy of the said memo, let it be kept with the record. The ground of transfer sought by the petitioner since is not sanctified by the relevant Rule, the concerned authority has not committed any error in rejecting the prayer of the petitioner.

W.P.A. 9627 of 2023 is therefore dismissed without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Biswajit Basu, J.)