Md. Mahboob Hasan Ansari v. The State Of West Bengal And ORS.

25.09.2024 Court No. 18 Item No. 33 (Suvendu) WPA 15570 of 2022 Md. Mahboob Hasan Ansari -Versus- The State of West Bengal & Ors.

Mr. Anjan Bhattacharya ........for the petitioner Mr. Sourav Mitra ......for the WBCSSC Ms. Sanghamitra Nandy .....for the State Mr. Golam Mastafa Mr. Tarasankar Samanta ......for the School Authorities During course of hearing, learned advocate representing the school authority of Howrah High School (HS), Howrah submits that petitioner is a single teacher in Education in higher secondary section in the school and there is no other teacher functioning as an Assistant Teacher in Education in the school. Since petitioner was found to be a single teacher name of the petitioner was not forwarded to the concerned District Inspector of Schools for taking further steps for petitioner's transfer. Respondents are represented by the learned advocates.

Having considered the submissions made on behalf of the parties, it appears that petitioner is a single teacher in Education in the school. Therefore, concerned District Inspector of Schools is required to take steps in terms of the notification dated 3rd January, 2022 issued by the Additional Secretary, Government of West Bengal, School Education Department for ensuring local arrangement in the school.

The school authority is directed to forward transfer application of the petitioner to the concerned District Inspector of Schools by seven days from the date of communication of this order. On receipt of transfer application, if the concerned District Inspector of Schools finds that it is a "fit case" under notification dated 3rd January, 2022 to make local arrangement, effort shall be made to find out willing teacher and in the event a teacher is temporarily deputed in place of petitioner till regular incumbent joins the resultant vacancy, petitioner shall be transferred based on transfer application made on the designated portal.

Accordingly, writ petition stands disposed of.

There shall be, however, no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Saugata Bhattacharyya, J.)