Madhumita Ghorai v. State Of West Bengal And ORS.

23.06.2025 rkd Ct.18 W.P.A. 11855 of 2025 Madhumita Ghorai -vsThe State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri, Ms. Indrani Roy, Mr. Ankan Mondal, Mr. Rajesh Naskar ....for the petitioner.

Mr. Sunit Kumar Roy ....for the WBCSSC.

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

Petitioner prays for transfer on general ground (distance).

Petitioner made an application for transfer on Utsashree portal on 24th May, 2022 and same was forwarded to the District Inspector of Schools (SE), Purba Medinipur being respondent no.5 but said respondent no.5 in his turn returned the transfer application through portal on 20th June, 2022 to the school authority where petitioner is presently working since petitioner was found to be a single teacher in the subject in the school.

It is submitted by the learned advocate representing the petitioner that instead of sending back transfer application to the school authority, respondent no.5 ought to have made an effort to give

effect to the Government notification dated 3rd January, 2022 by making alternative arrangement in the school where petitioner is presently working. West Bengal Central School Service Commission is represented by learned advocate.

It is submitted on behalf of the Commission that it is the duty of the respondent no.5 to make alternative arrangement in the school where petitioner is presently working instead of sending back the transfer application to the school authority. Effort should have been made by the respondent no.5 to take steps in terms of said notification dated 3rd January, 2022.

Having considered the respective submissions made on behalf of the parties, the writ petition stands disposed of directing the respondent no.5 to make an endeavour to provide alternative arrangement in the school of the petitioner strictly in terms of Government notification dated 3rd January, 2022 in order to facilitate transfer of the petitioner.

If alternative arrangement is made in terms of Government notification dated 3rd January, 2022 petitioner shall immediately be transferred based on transfer application dated 24th May, 2022.

However, it is made clear that suspension of Utsashree portal shall not be a ground for rejecting the

transfer application of the petitioner.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)