Nandita Paul v. State Of West Bengal And ORS.

10.08.2022.

Court No.13 Item No. 16 ap W.P.A. No. 9891 of 2022 Nandita Paul

Versus

The State of West Bengal & Ors.

Mr. Sakti Pada Jana, Mr. S. Das.

...For the petitioner.

Mr. Shamim-ul Bari.

..For the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey.

...For the WBCSSC.

A report in the form of affidavit filed by the respondent nos.5 and 6 is taken on record. Prior service of such report has been made to the Counsel for the petitioner.

In the said report, the reasons for returning the first application of the petitioner for general transfer on the ground of "low enrolment" in the preferred schools has been explained.

In fact, it is submitted across the Bar that the expression "low enrolment" incorrect and it ought to be "low rank", as clarified in the affidavit. Mr. Jana, Counsel for the petitioner, submits that it is not clear as to what is the status of the petitioner's second application for general transfer which was made with 2nd and 3rd preference indicated towards the following three Schools, i.e. Gopalmath

Girls High School and Andal Girls High School. With a view to give the parties opportunity to put the grievances at rest, this Court directs the petitioner to meet the Chairman, West Bengal Central School Service Commission on 12th August, 2022 at 2:00 P.M.

The Chairman of the West Bengal Central School Service Commission, shall after looking into the records, the rank of the petitioner in the other two Schools indicated in the 2nd application try to accommodate her. In the alternative, if any other suitable vacancy is available in any other nearby School, the Chairman, West Bengal Central School Service Commission may recommend the petitioner to such School, after consultation with the petitioner in the aforesaid meeting.

A final decision shall be taken at the aforesaid meeting and an appropriate recommendation should be issued to the West Bengal Board of Secondary Education for issuance of appropriate orders for posting and transfer.

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.)