Samir Kumar Biswas v. State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side W.P.A. 10209 of 2022 Samir Kumar Biswas VS The State of West Bengal & Ors.
Mr. Anjan Bhattacharya ..... for the petitioner Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee ...... for the State Ms. Koyeli Bhattacharyya .... For WBBSE Dr. Sutanu Kumar Patra Ms. Debalina Chakraborty .... WBCSSC Affidavit of service filed today in Court today, is Court No. 22 29.11.2022 (Item No. 37) (AB) taken on record.
Mr. Anjan Bhattacharya, learned advocate for the writ petitioner moves this writ petition. None appears for the State.
Mr. Arindam Chatterjee, learned advocate with Ms. Lipika Chatterjee, learned advocate for the State are present who normally appear in this type of matters. They are requested to appear in this matter and hold the brief and their appearance are directed to be regularized by the office of the learned Government Pleader forthwith.
The petitioner claims to be an Assistant Teacher at Natibpur Bhudev Vidyalaya, Hooghly. He seeks general transfer from the said present school on the ground mentioned in his representation dated
February 8, 2022 Annexure P-3 at page 23 to the writ petition.
His grievance is that, such representation had not received any attention of the State authority.
In view of the above, the respondent No. 3 shall consider the said representation of the petitioner dated February 8, 2022 at page 23 to the writ petition upon issuing at least seven days prior hearing notice to the petitioner and upon the Headmaster of the Natibpur Bhudev Vidyalaya and after giving them an opportunity of hearing shall pass a reasoned order/decision on the issue.
The concerned Headmaster of the said Natibpur Bhudev Vidyalaya shall produce all relevant records and documents before the respondent No. 3 and shall file a written notes indicating the subject being taught by the petitioner, how many students are being taught for that subject in the school and also how many teachers are available in the school to teach such subject to the students. The Headmaster shall also indicate the pros and cons and effect of the transfer of the petitioner from the said school before the respondent No. 3 in the said note.
After considering all these points the respondent No. 3 shall pass its reasoned order strictly in accordance with law.
The entire exercise as directed above, to be carried out and completed by the respondent No. 3 within a period of eight weeks from the date of communication of this order. The respondent No. 3 then shall communicate its reasoned order to the petitioner and the relevant School authority within a further period of two weeks from the date of the said reasoned order to be passed.
In the event, the decision goes in favour of the petitioner for transfer then the relevant authority shall take all further consequential steps forthwith. It is made clear that, this Court has not gone into the merit of the claim of the petitioner in any manner. The petitioner shall be at liberty to urge all the points whatever he wishes to argue and whatever documents and records it wishes to rely upon before the respondent No. 3.
Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
It is further made clear that, this order shall not create any equity in favour of the petitioner, if he is found otherwise not eligible for transfer. On the above terms, this writ petition being WPA 10209 of 2022 stands disposed of.
There shall, however, be no order as to costs.
Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Aniruddha Roy, J.)