Md. Aby Hanif Bayen v. State Of West Bengal And ORS.

25.01.2022 SL No. 40 Court No. 24 (P.M) WPA 20760 of 2021 Md. Abu Hanif Bayen Vs The State of West Bengal & Ors.

(Via Video Conference) Sk. Sahjahan Ali ... for the petitioner Mr. Prosenjit Mukherjee, Ms. Madhurima Sarkar ... for the Madrasah Service Commission.

The petitioner made an application for mutual transfer before the Director, Directorate of Madrasah Education on 13th December, 2021. The petitioner filed the writ petition on 17th December, 2021 with the allegation that the said representation has not been considered.

It is not expected that the authority will consider the application within a span of four days from the date of filing the same. The petitioner ought to have afforded reasonable time to the respondent authorities for consideration of his representation. Without doing so the petitioner has rushed before this Court by filing the writ application on the fourth day of filing the representation.

Accordingly, the Court is not minded to entertain the writ petition.

It will be open for the Director, Directorate of Madrasah Education, the respondent No. 2 to consider the representation for mutual transfer strictly, in accordance with law, at the earliest, but positively within a period of four weeks from the date of communication of a copy of this order.

The petitioner is directed to forward a copy of his application for mutual transfer dated 13th December, 2021 to the aforesaid respondent at the time of communicating the order of the Court. Writ petition stands disposed of.

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

(Amrita Sinha, J.)