Maitreyee Maity v. State Of West Bengal And ORS.

23.08.2024 Court No. 18 Item No.06 (Suvendu) WPA 20008 of 2024 Maitreyee Maity -Versus- The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Afrin Nahar Mondal ........for the petitioner Mr. Sekhar Mustafi Mr. Tapas Ballav Mondal .......for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ....for the WBBSE Mr. Kanak Kiran Bandyopadhyay ........for the WBCSSC Mr. Sarwar Jahan Mr. Kamal Mishra Mr. Pratap Sanfui ........for the School Authority Affidavit of service filed on behalf of the petitioner is taken on record.

The writ petition is heard in presence of the learned advocates representing the petitioner and respondents.

It is contended on behalf of the petitioner that in spite of making application for transfer on Utshasree portal on the ground of distance in between the present school of petitioner and her

place of residence on 3rd September, 2021 school authority of Sambhunagar High School (HS), District - South 24 Parganas has refused to forward the transfer application of the petitioner to the concerned District Inspector of Schools through the designated portal.

Aforesaid school authority is represented by learned advocate who submits that though there were thirty-nine teachers working in the said school but out of those thirty-nine teachers sixteen have been transferred on different grounds previously. Therefore, present teaching strength of the school is twenty-three but there are approximately 1422 students studying in the school. Therefore, according to the school authority, pupil-teacher ratio does not permit transfer of the petitioner.

Having considered the respective submissions made on behalf of the parties, it appears that there is substance in the contention of the school authority and it also appears that if today petitioner is permitted to take transfer that would be contrary to the norms relating to pupil-teacher ratio.

Hence, the writ petition stands dismissed.

However, this order shall not preclude the petitioner to make application for transfer in accordance with law in future if the teaching strength of the school is augmented.

There shall be, however, no order as to costs.

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

(Saugata Bhattacharyya, J.)