Aditi Biswas v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 03.07.2025 rkd W.P.A. 13153 of 2025 Ct.18 Judgment Aditi Biswas -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra, Ms. Pritha Biswas, Mr. Subhodip Maitra ....for the petitioner.

Mr. Ambarnath Banerjee, Mr. Koushik Banerjee ....for the State.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta ....for the WBBSE.

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

1.

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

2.

Learned advocate representing the petitioner appears on virtual mode.

3.

Petitioner prays for direction upon the respondent authorities for consideration of her transfer application which was made on Utsashree portal in 2022.

4.

It is also submitted that in connection with a document at page 16 of the writ petition that the transfer application of the petitioner could not be considered by the concerned respondent authority

since petitioner obtained low rank in preferred school.

5.

It is submitted that such reason is not germane in disallowing transfer application of the petitioner in view of subsequent amendment made in Transfer Rules, 2015. It is submitted relying upon the orders passed in other similar matters necessary direction may be given.

6.

Learned advocate representing the State respondents has opposed the writ petition on the ground of misrepresentation made by making statements specially in paragraph 6 wherein it is stated that distance in between residence of the petitioner and the school where she is working is 152.6 Km. and in support of same a document is annexed at page 15 of the writ petition.

7.

Such document at page 15 shows distance in between the residence of the petitioner and the school is counted from Ranaghat Station Junction to Bhagwangola whereas cause title of the writ petition disclosed petitioner is staying at Punia Dakshin Para, Murshidabad.

8.

In the affidavit accompanying this writ petition, paragraph 6 of the writ petition has been verified as true to knowledge. In paragraph 6 it is stated that distance in between the residence of the petitioner

and the school is 152.6 Km. which is measured based on residence of the petitioner at Ranaghat which does not find support from the cause title of the writ petition wherein petitioner disclosed her residence at Punia Dakshin Para, Murshidabad. 9.

It appears that petitioner has made wrong statement in the writ petition and same has been verified as true to knowledge.

10. In view of aforesaid discussion, writ petition stands dismissed with a note of caution if same mistake occurs in future, same shall be dealt with appropriately.

11. However, there shall be no order as to costs.

12. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)