Mita Biswas v. State Of West Bengal And ORS.

19.11.2024 19.11.2024 Ct. No. 18 ARPAN W.P.A. 21480 of 2024 Smt. Mita Biswas Vs.

The State of West Bengal & Ors.

Mr. Chittapriya Ghosh Mr. Dilip Kumar Sadhu ...for the Petitioner Mr. Supriyo Chattopadhyay Ms. Sayantanee Bhattacharjee ...for the State Dr. Sutanu Kumar Patra Ms. Supriya Dubey ...for the WBCSSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for the WBBSE Pursuant to the Order dated 03rd October, 2024 on instruction it has been submitted by the Learned Advocate representing the West Bengal Central School Service Commission that in spite of the effort being made to take decision based on hearing on 19th September, 2024 ultimately, the decision relating to transfer of the petitioner could not be taken since Commissioner of School Education, West Bengal vide Order dated 21st March, 2024 has taken decision in terms of the Order of the Hon'ble Division Bench dated 18th October, 2023 passed on an Intra Court Appeal being MAT 2037 of 2023 preferred by the Petitioner.

On perusal of the Order of the Commissioner of School Education dated 21st March, 2024, it appears that the Commissioner had already taken decision and

requested the concerned Authority of the West Bengal Central School Service Commission to transfer the petitioner to Akna Union High School, District: Hooghly. Inspite of taking such decision by the Commissioner in terms of the Order of the Hon'ble Division Bench dated 18th October, 2023 another application was made by the petitioner dated 29th April, 2024 requesting the Commissioner to pass a fresh order of transfer to one of three other schools as indicated in the said Application dated 29th April, 2024 but not to Akna Union High School.

Once decision has been taken by the Commissioner in terms of the Order of the Hon'ble Division Bench dated 18th October, 2023 therby permitting the petitioner to take trasnfer to Akna Union High School, this Court finds that there is no scope to pass further order relating to petitioner's transfer to some other school based on the transfer application which was made by the petitioner to the Commissioner. Hence, no relief can be granted to the petitioner. The writ petition stands dismissed.

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.)