Gita Chakraborty v. State Of West Bengal And ORS.

16.04.2024 Item No.01 DL Court No.18 AJ.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 14946 of 2022 Gita Chakraborty -Vs- The State of West Bengal & Ors.

Mr. Shamim-ul Bari, Ms. Asmita Mitra.

.....for the petitioner.

Mr. Supriyo Chattopadhyay, A.G.P., Mr. Debdooti Dutta.

....for the State.

Mr. Sourav Mitra.

....for the WBCSSC.

Mr. Anindita Auddy (Das), Ms. Ananya Mondal, Mr. Subhayan Barik.

....for the respondent no.8.

The petitioner is an Assistant Teacher at Keshab Academy, Kolkata of subject 'History', she is 100% disabled.

The petitioner, on the ground of her said disability, had applied for general transfer to any school near to her residence through the 'Utsashree Portal', but due to the suspension of the said Portal, her said application could not be processed.

The disability certificate of the petitioner issued by the Superintendent, Dr. B.N. Bose Sub-Divisional Hospital, Barrackpore, District: 24-Parganas (North), forms part of the writ petition being Annexure 'P-3'.

Considering the extent of disability of the petitioner, this Court had directed the concerned District Inspector of Schools(S.E.) to find out suitable vacancy available in any school near to her residence and to file a report before this Court.

Mr.

Chattopadhyay, learned Additional Government Pleader files such report dated January 17, 2024 of the District Inspector of Schools (S.E.), Barrackpore, District : 24Parganas (North) wherein the names of four schools having suitable vacancy to accommodate the petitioner on transfer have been disclosed. The said schools are Sodepur High School for Girls, Sodepur Chandrachur Vidyapith For Girls, Bhatpara Central Hindu Girl's High School and Jetia High School It appears that Sodpur Chadrachur Vidyapith for Girls is the school nearest to the residence of the petitioner having suitable vacancy to accommodate her.

The petitioner therefore is directed to submit offline application before Commissioner of School Education, Government of West Bengal, the respondent no.3 herein praying general transfer.

The said respondent, within four weeks from the date of receipt of the said application,

shall issue necessary order of general transfer of petitioner to Sodpur Chadrachur Vidyapith for Girls and shall send the said order of transfer to the West Bengal Central School Service Commission, the respondent no. herein for issuance of necessary recommendation of transfer and shall communicate the same to the West Bengal Board of Secondary Education for issuance of order of transfer in favour of the petitioner.

WPA 14946 of 2022 is disposed of with the above terms without any order as to costs.

This order is fact-specific, as such, shall not be treated as precedent.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities. (Biswajit Basu, J.)