Debasmita Basu v. State Of West Bengal And ORS.

25.08.2022.

Court No.13 Item No. 235 ap W.P.A. No. 9393 of 2022 Debasmita Basu

Versus

The State of West Bengal & Ors.

Mr. Ujjal Ray, Mr. Arpa Chakraborty.

...For the petitioner.

Mr. Raja Saha, Mr. Bibekananda Tripathy.

...For the State.

Mr. Sourav Mitra, Mr. Suman Dey.

..For the WBCSSC.

Affidavit-of-service filed in Court today be taken on record.

The petitioner applied for transfer from her present school to another on 10th August, 2021. The application has been returned by the respondent authorities on the ground she is the only 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.

The respondent authorities shall process the petitioner's application within the time framed stipulated under the Notification dated 21.12.2021. 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 impugned order shall stand set aside.

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 are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)