Arundhati Bag (Sinha) v. State Of West Bengal And ORS.

Item No. 304 12.10.2023 Court No. 24 AGM In The High Court At Calcutta Special Jurisdiction Appellate Side WPCRC 132 of 2023 Arising out of WPA 20304 of 2021 Arundhuti Bag (Sinha) v.

Sirdharta Majumder & Ors.

Ms. Mousumi Bhowal ...For the petitioner.

Mr. Supriyo Chattopadhyay Mr. B. Biswas ... For the contemnor no. 2.

Mr. Asit Mukherjee ... For the Contemnor no. 3.

Instruction forwarded by the District Inspector of Schools (SE), Paschim Medinipur signed on 12th October, 2023 is retained with the records.

It appears therefrom that the prayer of the petitioner seeking transfer has been rejected on the ground that she happens to be a single subject teacher of the school.

The report further mentions that the District Inspector of Schools served several letters to the head of institutions of all Higher Secondary institution under Garhbeta-I Block seeking a permanent teacher of Education subject willing to attend Education classes in the Higher Secondary section at least two days in a week at the subject school. None is willing.

Learned advocate representing the petitioner submits that the teachers who are junior to the petitioner and who applied at a later date for transfer, were already transferred.

Learned advocate representing the School submits that there are 175 students in Class XI and 188 students in Class XII. Without a substitute Education teacher, it will not be possible for the school to release the petitioner.

The School is directed to file an affidavit disclosing the details of the teachers who were transferred after the application for transfer was made by the petitioner in the year 2016.

Copy of the affidavit shall be served upon the learned advocate representing the petitioner by 17th November, 2023.

List on 23rd November, 2023.

The District Inspector of Schools (SE) shall take steps, in terms of the memo dated 22nd September, 2021, to find out a substitute teacher so that the petitioner may be transferred from the said school in accordance with the prayer made by her.

(Amrita Sinha, J.)