Mallika Kuley v. The State Of West Bengal And ORS.

18.06.2025 rkd Ct.18 W.P.A. 11096 of 2025 Mallika Kuley -vsThe State of West Bengal & Ors.

Mr. Subhajyoti Das, Ms. Sudipta Pramanik ....for the petitioner.

Mr. Tarun Kumar Ghosh, Mr. Rakesh Singh ....for the State.

Mr. Sourav Mitra ....for the WBCSSC.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

Petitioner lastly made an application for transfer on 11th May, 2022 and same is pending before the school authority where petitioner is presently working as it appears from a document at page 69 of the writ petition.

Attention of this Court has been drawn to a memo dated 4th August, 2022 issued by the District Inspector of Schools (SE), Howrah being respondent no.3 wherefrom it appears that in spite of taking steps willing teacher was not found from neighbouring school as a result whereof transfer of the petitioner on general ground could not be facilitated.

Learned advocate representing the petitioner has

placed reliance on an order dated 19th May, 2025 passed by the Hon'ble Division Bench on an intra Court appeal being MAT 64 of 2025 and in paragraph 10 of the said order Hon'ble Division Bench directed the concerned District Inspector of Schools (SE) to act strictly in terms of the notification dated 3rd January, 2022 and if necessary District Inspector of Schools (SE) was directed to initiate fresh recruitment process. It appears that respondent no.3 has already made an attempt as it emanates from memo dated 4th August, 2022 to find out a teacher of neighbouring school but he failed to get teacher to make an alternative arrangement in the school of the petitioner for her transfer.

In consideration of the order passed by the Hon'ble Division Bench dated 19th May, 2025 respondent no.3 is directed to make further endeavour to take steps strictly in terms of Government notification dated 3rd January, 2022 for transfer of the petitioner and in the event an arrangement is made in terms of said notification dated 3rd January, 2022 in the school of the petitioner immediately steps shall be taken thereafter for her transfer.

The writ petition stands disposed of.

There shall be, however, no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)