Sangita Bairagi v. The State Of West Bengal And ORS.

47.

47.

(DL) (DL) 12.08.2025 12.08.2025 Ct. No. 18 (ARPAN)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 14857 OF 2025 SANGITA BAIRAGI VS.

THE STATE OF WEST BENGAL & OTHERS Mr. Ujjal Ray, Adv.

Mr. Abdur Rahim, Adv.

...for the Petitioner Mr. Ayan Chandra Roy, Adv.

Mr. Arindam Mitra, Adv.

Mr. Shibasish Banerjee, Adv.

...for the State Ms. Supriya Dubey, Adv.

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

1.

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

2.

Petitioner previously filed a writ petition being WPA 3910 of 2025 seeking transfer on the ground of distance. Said writ petition was disposed of by this Court vide order dated 6th March, 2025 directing the Chairman, West Bengal Central School Service Commission (hereinafter referred to as 'Commission') to decide the transfer application of the petitioner within certain time. Pursuant to the order dated 6th March, 2025 transfer application of the petitioner was decided by the Secretary of the Commission vide memo dated 26th March, 2025. It was disclosed in the memo dated 26th March, 2025 that against first and

third preferred schools petitioner did not come within the zone of consideration for transfer and vacancy in the second preferred school did not exist.

3.

Subsequently, petitioner preferred another application for transfer on distance ground on 24th April, 2025 and the school authority where petitioner is presently working had issued 'No Objection' certificate in favour of the petitioner on 29th April, 2025. However it is submitted that the school authority till date has not forwarded the transfer application of the petitioner to the District Inspector of Schools (S.E.), North 24 Parganas being respondent no.5 for taking further steps in relation to the second transfer application of the petitioner.

4.

Since it is found that 'No Objection' certificate was already accorded to the petitioner on 29th April, 2025, authority of Auldanga Amulyadhan Roy Vidyapith (H.S.), North 24 Parganas being respondent nos.6 to 8 are directed to forward the transfer application of the petitioner dated 24th April, 2025 to the respondent no.5 by fortnight from the date of communication of this order.

5.

On receipt of transfer application respondent no.5 shall process the same and forward it to the Chairman of the Commission being respondent no.2 for taking

final decision by fortnight thereafter. On receipt of transfer application respondent no.2 shall decide the same, in accordance with law, within eight (8) weeks thereafter. Decision to be taken by the respondent no.2 shall be communicated to the petitioner by fortnight thereafter.

6.

Aforesaid steps shall be taken by the authorities in offline mode.

7.

It is made clear that suspension of portal shall not be a ground to reject transfer application of the petitioner. 8.

With the above directions, writ petition stands disposed of.

9.

However, there shall be no order as to costs.

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