Somnath Naskar v. The State Of West Bengal And ORS.
26.
26.
(DL) (DL) 04.09.2025 04.09.2025 Ct. No. 18 (ARPAN)
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 15143 OF 2025 SOMNATH NASKAR VS.
THE STATE OF WEST BENGAL & OTHERS Mr. Sudip Ghosh Chowdhury, Adv.
Ms. Shreyeta Mitra, Adv.
Ms. Pritha Biswas, Adv.
...for the Petitioner Mr. Biswajit De, Adv.
...for the State Mr. Sourav Mitra, Adv.
...for the W.B.C.S.S.C.
Ms. Koyeli Bhattacharyya, Adv.
...for the W.B.B.S.E.
1.
Matter is taken up for consideration in terms of the order dated 13th August, 2025 in presence of the learned advocates representing the parties excepting school authority.
2.
Petitioner made an application for transfer on general ground (distance) on Utsashree portal on 27th August, 2022. Transfer application of the petitioner was forwarded by the school authority where petitioner is presently working to the District Inspector of Schools (S.E.), Purulia being respondent no.5. Grievance of the petitioner is though respondent no.5 had received transfer application through portal on 23rd September, 2022, same is yet to be forwarded to the West Bengal
Central School Service Commission for taking final decision.
3.
Learned advocate representing the State respondents submits due to suspension of portal with effect from 29th September, 2022, respondent no.5 could not forward transfer application of the petitioner to the West Bengal Central School Service Commission. 4.
It has been already decided by this Court as well as by the Hon'ble Division Bench that suspension of portal is not a ground for refusing to consider transfer application since transfer application is required to be processed and decided in terms of statutory provisions.
5.
Hence, respondent no.5 is directed to forward transfer application of the petitioner to the concerned authority of the West Bengal Central School Service Commission by seven (7) days from the date of communication of this order. On receipt of transfer application Chairman, West Bengal Central School Service Commission being respondent no.4 shall decide the same, in accordance with law, within eight (8) weeks thereafter. Decision to be taken by respondent no.4 shall be communicated to the petitioner by fortnight thereafter.
6.
It is made clear that suspension of portal shall not be a ground to reject transfer application of the petitioner. 7.
With the above observations and directions, writ petition stands disposed of.
8.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)