Partha Mondal v. State Of West Bengal And ORS.

rkd 30.07.2024 Ct.18 W.P.A. 16524 of 2024 Partha Mondal -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyita Mitra ....for the petitioner.

Mr. Gourav Das, Ms. Madhumati Das ....for the school authority.

Mr. Swapan Banerjee, Ms. Sougata Mitra ....for the State.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta ....for the WBBSE.

Mr. Sunit Kumar Roy ....for the WBCSSC.

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

School authority of Piplon Sri Arabinda Vidyamandir (HS), District- Purba Burdwan being respondent nos.5 & 6 are represented today.

The learned advocate representing the school authority submits that initially though application of the petitioner for transfer on the ground of distance dated 21st January, 2022 was rejected and "No Objection" was not accorded but subsequently on finding that petitioner is not the single teacher in the subject in the school in view of presence of other teachers in the same subject in

higher secondary section decision was taken by the said school authority to issue "No Objection" in favour of the petitioner.

The copy of the "No Objection" dated 24th June, 2024 is placed before this Court and the same is taken on record.

Since the aforesaid school authority has issued "No Objection" in favour of the petitioner in connection with petitioner's general transfer application dated 21st January, 2022 the previous decision of the school authority to reject the said application stands set aside and the transfer application of the petitioner dated 21st January, 2022 stands revived.

The aforesaid school authority being respondent nos.5 & 6, is directed to forward the transfer application of the petitioner dated 21st January, 2022 along with "No Objection" to the office of the concerned District Inspector of Schools (S.E.), Purba Burdwan being respondent no.4 by seven days from date.

On receipt of transfer application of the petitioner the respondent no.4 is directed to take steps in accordance with law and if it is found that the transfer application is in order and the same can be forwarded to the higher authority the

respondent no.4 shall forward the transfer application of the petitioner to the West Bengal Central School Service Commission for taking final decision.

With the aforesaid observations and directions the writ petition stands disposed of. Since Utsashree portal has been suspended the school authority, if necessary, is required to forward the offline transfer application of the petitioner to the respondent no.4 and the respondent no.4 in its turn, if necessary shall forward the said transfer application to the West Bengal Central School Service Commission for taking final decision.

However, there shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)