Piyali Bhattacharyya v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 17708 of 2022 Piyali Bhattacharyya VS The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury .... For the petitioner Mr. Jahar Dutta Mr. Bipin Ghosh ... For the State Mr. Sourav Mitra Mr. Suman Dey ... for CSSC Affidavit of service filed in Court today, is Court No.

24.4.2023 (Item No. 156) (AB) taken on record.

The relevant School authority is not represented.

The petitioner seeks transfer. At present the petitioner working at Institution of Purba Khejurberia. Mr. Sudip Ghosh Chowdhury, learned counsel appeared for the petitioner had confirmed this Court that this is a Higher Secondary School. From Annexure P-7 at page 18 to the writ petition it appeared that on April 7, 2021 the petitioner's case for transfer was returned and rejected on the ground of Single Teacher in the relevant subject - Philosophy at the relevant School. The petitioner again applied on January 24, 2022. The petitioner contended that, this application is now lying with the

head of the Institution. The petitioner prayed for consideration of the said application.

Considering the submissions made on behalf of the parties and considering the materials on records it appeared that, though not a bar but within a period of about four months the petitioner once again applied for transfer.

The respondent No. 5 shall consider the application of the petitioner strictly in accordance with law in view of the Teachers-Students ratio and in view of the 2015 Rules read with the recent notification of transfer dated February 10, 2023 and then shall pass a reasoned order.

This order shall not create any right or equity in favour of the petitioner in any manner whatsoever. Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

Resultantly, this writ petition being WPA 17708 of 2022 stands disposed of.

There shall, however, be no order as to costs. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Aniruddha Roy, J.)