Ayesa Siddika v. State Of West Bengal And ORS.

ML 229 25.09.2024 Ct. No. 18 adeb W.P.A. 15888 of 2023 Ayesa Siddika Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Debolina Chakraborty ..for the petitioner Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ...for the WBBSE Mr. Jahar Datta Mr. Rajsekhar Basu ...for the State Mr. Sourav Mitra ...for the CSSC Mr. Abhijit Basu Mr. Partha Basu ...for the respondent no. 5 Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner on the ground of distance in between the present school of the petitioner and her place of residence. Learned advocate representing the petitioner submits that the last application seeking transfer was made on Utsashree Portal on 25th May, 2022 but the same was not forwarded by the school authority where petitioner is presently serving on the ground that petitioner is a single teacher in the subject.

It is contended on behalf of the petitioner that even in the case of single teacher in the subject transfer application of the teacher needs to be forwarded by the school authority to the concerned District Inspector of Schools (SE) for taking steps in terms of the notification dated 3rd January, 2022 issued by the Additional Secretary to the Government of West Bengal, School Education Department for finding out alternative teacher from the neighbouring schools.

Respondents are represented by learned advocates who have submitted that in case of single teacher the concerned District Inspector of Schools (SE) is required to take steps for ensuring local arrangement in the school where the applicant teacher is serving for transfer of the said teacher.

Having considered the submissions made on behalf of the parties writ petition stands disposed of directing the school authority of Mitna High School (HS) DistrictMalda being respondent nos. 5 and 6 to forward the transfer application of the petitioner to the District Inspector of Schools (SE) Malda being respondent no. 4 by 7 (seven) days from the date of communication of this order. After receipt of transfer application respondent no. 4 shall make endeavour to find out willing teacher from neighbouring school to man the post of petitioner temporarily till regular incumbent joins the post. The respondent no. 4 shall take steps for ensuring local

arrangement in the school of the petitioner if it is found as "fit case" in terms of the notification dated 3rd January, 2022 and in the event willing teacher is available to work in the post of the petitioner temporarily, petitioner shall be transferred to another school based on her transfer application.

There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)