Arabinda Ray v. State Of West Bengal And ORS.

25.08.2022 Court No.13 Item No.205 AP WPA 10077 of 2022 Arabinda Ray Vs.

The State of West Bengal and Ors.

Ms. Molly Saha ... For the Petitioner.

Mr. Avishek Prasad ... For the State.

Dr. Sutanu Kumar Patra Ms. Supriya Dubey ... For the WBCSSC.

The petitioner is aggrieved by the fact that since after the school was taken over by the Ramkrishna Mission, Baranagar the benefit of the 2015 transfer Rules have not been allowed to him.

This Court notes that it would be discriminatory if the teachers of Ramkrishna Mission group of schools are not allowed the benefit of transfer under the 2015 Rules.

This Court and a coordinate Benches of this Court have in large number of applications by the teachers of the Ramkrishna Mission group of schools have held that they are entitled to the benefit of transfer under the 2015 Rules.

Under these circumstances, the petitioner shall be entitled to make an application afresh for transfer and the respondents shall process the same strictly in accordance with the 2015 Rules.

The petitioner shall be provided with a code by the respondents to enable him to apply through the Utsashree portal.

Upon the transfer of the petitioner, the respondents shall arrange to appoint a teacher in the vacancy created.

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 shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)