Nirmalya Mandal v. State Of West Bengal And ORS.

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(DL) (DL) 14.07.2025 14.07.2025 Ct. No. 18 (ARPAN)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 13250 OF 2025 Nirmalya Mandal Vs.

The State of West Bengal & Others Mr. Sudip Ghosh Chowdhury, Adv.

Ms. Shreyeta Mitra, Adv.

Ms. Pritha Biswas, Adv.

...for the Petitioner Mr. Ziaul Islam, Adv.

Mr. Marghoob Ahmed Salik, Adv.

...for the State Mr. Kanak Kiran Bandyopadhyay, Adv.

...for W.B.C.S.S.C.

Ms. Koyeli Bhattacharyya, Adv.

...for W.B.B.S.E.

1.

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

2.

Petitioner made an application for transfer in prescribed pro-forma on 3rd June, 2025 on the ground of distance in between the present school of the petitioner and his place of residence. School authority where petitioner is presently working has issued 'No Objection' certificate in favour of the petitioner on 3rd June, 2025. Petitioner prays for direction upon the respondent authorities for consideration of his transfer application.

3.

It is pointed out by the learned advocate representing the West Bengal Central School Service Commission that relevant part of the pro-forma where applicant

teacher is required to indicate the names of schools in terms of preference, is kept blank by the petitioner while submitting application seeking transfer. 4.

State respondents and West Bengal Board of Secondary Education are also represented by learned advocates.

5.

School authority being respondent no.6 is directed to forward the transfer application of the petitioner by seven (7) days from the date of communication of this order to the District Inspector of Schools (S.E.), Purba Medinipore being respondent no.5.

6.

Petitioner shall appear before the respondent no.5 within seven (7) days from the date of receipt of transfer application of the petitioner by the office of respondent no.5 for filling up the form in the transfer application where an applicant teacher is required to indicate the names of the schools in terms of preference.

7.

Respondent no.5 is directed to permit the petitioner to fill up the relevant part of the transfer application form wherein petitioner shall indicate names of the schools in terms of preference.

8.

After names of the schools are indicated in the relevant part of the application form seeking transfer, respondent no.5 is directed to process the transfer

application and forward the same to the Chairman, West Bengal Central School Service Commission being respondent no.4 by four (4) weeks thereafter. On receipt of transfer application, respondent no.4 is directed to decide the same, in accordance with law, by eight (8) weeks thereafter and the decision to be taken shall be communicated to the petitioner by fortnight thereafter.

9.

It is made clear that suspension of portal shall not be a ground to reject transfer application of the petitioner.

10. With the above directions, writ petition stands disposed of.

11. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)