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Calcutta High CourtWPA/16144/2025disposed

Sanghamitra Bhunia Mandal v. The State Of West Bengal And ORS.

2025-08-21Hon'Ble Justice Saugata Bhattacharyya3 pages

21.08.2025 Ct. No. 18 adeb W.P.A. 16144 of 2025 Sanghamitra Bhunia Mondal Vs.

The State of West Bengal & Ors.

Mr. Arkadipta Sengupta Ms. Amrita Maji Mr. Soumya Chanda ...for the petitioner Mr. Ritwik Pattanayak ...for the respondent no. 5 Mr. Biswarup Biswas ...for the State Ms. Koyeli Bhattacharya Mr. Bibek Dutta ...for the Board

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

2. Petitioner prayed for transfer in prescribed proforma on the ground of distance in between the present school of the petitioner and her place of residence. Transfer application was made in offline mode on 5th June, 2025 but the grievance of the petitioner is till date authority of Rohini CRD High School (HS), Jhargram being respondent no. 5 has not issued 'no objection'.

3. Learned advocate representing the school authority submits that by adopting resolution dated 4th July, 2025 Managing Committee of the school decided not to grant 'no objection' on the transfer application of the petitioner since there is robust roll strength in the

school and petitioner is single teacher in the subject in higher secondary section.

4. Learned advocates representing the State respondents and Board have jointly submitted that if petitioner is found to be a single teacher in the subject in the school transfer application needs to be forwarded to the concerned District Inspector of Schools (SE) Jhargram in terms of the Government notification dated 3rd January, 2022.

5. It is rightly pointed out on behalf of State respondents and Board that if applicant teacher is found to be a single teacher in the subject in the school, school authority is required to forward transfer application to the concerned District Inspector of Schools (SE) for taking steps in terms of Government notification dated 3rd January, 2022, if said applicant teacher is otherwise eligible to transfer on the ground of distance.

6. Hence, Secretary of Managing Committee of Rohini CRD High School being respondent no. 5 is directed to forward transfer application of the petitioner to the District Inspector of Schools (SE) Jhargram by fortnight from the date of communication of this order. On receipt of transfer application concerned District Inspector of Schools (SE) shall make an endeavour to find out willing teacher from neighbouring schools who can man the post of

petitioner, if petitioner is transferred. If willing teacher is found from neighbouring school petitioner shall be transferred immediately thereafter in accordance with law.

7. Leave is granted to the learned advocate for the petitioner to amend the cause title in course of this day and describe authority against respondent no. 3 appropriately. However, service of notice upon District Inspector of Schools (SE) Jhargram is dispensed with since State respondents are represented by learned advocate.

8. Writ petition stands disposed of.

9. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)