Mithu Mondal v. State Of West Bengal And ORS.

27.09.2024 Ct. No. 18 adeb W.P.A. 21276 of 2024 Mithu Mondal Vs.

The State of West Bengal & Ors.

Mr. Ujjal Roy Mr. Sk. Abdur Rahim ...for the petitioner Mr. Kanak Kiran Bandyopadhyay ...for the SSC Mr. Swapan Kumar Banerjee Mr. Saugata Mitra ...for the State Affidavit of service filed in terms of the order dated 2nd September, 2024 is taken on record. In spite of service of notice authorities of Galsi Sarada Vidyapith Girls' High School, District- Purba Bardhaman being respondent nos. 6 to 8 are not represented.

Matter relates to transfer of the petitioner on the ground of distance in between the present school of the petitioner and her place of residence. Though application was made seeking transfer on Utsashree Portal in the month of August, 2022 but the aforesaid school authority refused to allow the transfer application of the petitioner which triggers the present writ petition. It is submitted by the learned advocates representing the parties today that the petitioner is a single teacher in the subject in the school. Therefore, the notification dated 3rd January, 2022 issued by the Additional Secretary to the

Government of West Bengal, School Education Department is required to be adhered to.

The authorities of Galsi Sarada Vidyapoith Girls' High School, District- Purba Bardhaman is directed to forward the transfer application of the petitioner to the District Inspector of Schools (SE) Purba Bardhaman being respondent no. 5 by 7 (seven) days from the date of communication of this order. After receipt of transfer application respondent no. 5 shall make an endeavour to find out willing teacher of neighbouring school to man the post of the petitioner temporarily till regular incumbent joins the resultant vacancy. If respondent no. 5 finds that it is a "fit case" in terms of the notification dated 3rd January, 2022 to transfer the petitioner and if local arrangement can be made in the school of the petitioner by deputing another teacher temporarily, petitioner shall be transferred based on her transfer application which was made on the Portal.

With the aforesaid observations the writ petition stands disposed of.

There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)