Biplab Maity v. State Of West Bengal And ORS.

22.02.2023 Item No.21 Ct. No.17 S.A.

WPA 10302 of 2022 Biplab Maity -vsThe State of West Bengal & Ors.

Mr. Sudipta Dasgupta Mr. Sagar Dey Mr. Sutirtha Nayek ...for the petitioner Mr. Biswabrata Basu Mallick Mr. Sanjib Das ...for the State Mr. B. P. Vaisya Mr. Sagnik Chatterjee ...for the Council Mr. Kamal Mishra ...for DPSC, Purba Medinipur A report has been filed on behalf of the Chairman of the District Primary School Council, South 24 Parganas dated 16.02.2023 which is kept on record. From the said report it appears that the pupil-teacher ratio (excluding the head teacher) of the present school of the petitioner is 53:1 which should be 30:1. In this respect, the petitioner has submitted that for a school which has more than 200 students, the ratio is 30:1 and not 40:1. In any event if the contention of the petitioner is correct, his client cannot come within the zone of consideration for transfer from his present school to another school. The petitioner submits that he is claiming transfer on the basis of a Government circular where it has been

stated by the Government that all the candidates who are working outside their home districts, should be allowed to come back to their mother district. Considering the teacher-student ratio, I am not inclined to grant any advantage of the said circular to the petitioner because if the petitioner is transferred to some other school from the present school, the teacher-student ratio will fall further.

Hence, the writ application is dismissed at this stage.

(Abhijit Gangopadhyay, J.)