Ketaki Sadhu v. State Of West Bengal And ORS.

Court No. 18 (265704) WPA 20994 of 2023 14.11.2024 Ketaki Sadhu (A 109) Vs.

The State of West Bengal & Ors.

(S. Banerjee) Mr. Firdous Samim Ms. Gopa Biswas Ms. Sampriti Saha Ms. Swati Dey ...for the petitioner Mr. Sourav Mitra ...for the WBCSSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for the WBBSE Affidavits of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner since the daughter of the petitioner is suffering from ailment. An application for transfer was made on Utsashree portal on 20th November, 2021 and same was forwarded by the school authority, where petitioner is presently working, to the concerned District Inspector of Schools (SE) for taking necessary steps. The District Inspector of Schools (SE) on receipt of transfer application, completed the formality and forwarded the same to the West Bengal Central School Service Commission on 11th December, 2021. Grievance of the petitioner is, in spite

of receipt of transfer application through portal far back on 11th December, 2021, concerned District Inspector of Schools (SE) has not taken any decision.

West Bengal Central School Service Commission and the West Bengal Board of Secondary Education are represented by learned advocates who have submitted that due to suspension of Utsashree portal with effect from 29th September, 2022, contemporaneous decisions could not be taken on transfer applications.

However, on behalf of the Commission it is submitted that if concerned authority is directed, transfer application of the petitioner shall be decided in accordance with law.

Having considered the submissions made on behalf of the parties, the writ petition stands disposed of by directing the Chairman of the West Bengal Central School Service Commission to decide the transfer application of the petitioner by eight weeks from the date of communication of this order and the decision to be communicated to the petitioner by one week thereafter.

It is made clear that suspension of portal shall not be a ground for rejecting transfer application of the petitioner.

Leave is granted to the learned advocate representing the petitioner to amend the cause-title of the petition by adding the Chairman, West Bengal Central School Service Commission as additionalrespondent in course of this day. However, service of notice upon the additional-respondent stands dispensed with since the Commission is represented by learned advocates.

There shall be no order as to costs.

Urgent photostat certified copies, if applied for, be issued to the parties on compliance of requisite formalities.

(Saugata Bhattacharyya, J.)