Moutushi Bhattacharya v. State Of West Bengal And ORS.

WPA 15393 of 2022 N.22Sl Moumita Nandy v.

The State of West Bengal & Ors.

151/CL 18.06.25 Sl-33 Ct.551 Mr. Md. Nauroz Rahber Mr. Mahammad Jawwaal ... for the petitioner.

Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee ... for the State.

(S.R.) Mr. Sourav Mitra ... for the WBCSSC.

The petitioner seeks issuance of a Writ of Mandamus directing the respondents school authorities to process the transfer application of the petitioner and forwarded the same to the office of the District Inspector of School wherefrom the same would be forwarded to the West Bengal Central School Service Commission. From the annexures to the writ petition, it appears that the petitioner had applied for transfer on August 22, 2021 on the ground that the petitioner's school was at a distance of more than 105 kilometers (one side) from her residence but the petitioner's said application for transfer was returned by the school authorities to the petitioner on the ground that the documents appended thereto were not clear and that the same were insufficient. It does not appear that the petitioner has made any further application to the school authorities thereafter. Therefore, no order, as prayed for, can be passed on this writ petition.

The petitioner shall be at liberty to make a fresh

application for transfer in terms of the relevant provisions of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015. In case, the petitioner makes such application, the same would be processed and considered by the respondents, strictly in accordance with law. With the above observations, WPA 15393 of 2022 is disposed of.

There shall, however, be no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai, J.)