Dipanwita Saha v. State Of West Bengal And ORS.

13.02.2025 Court No. 18 Item No.103(ML) (Suvendu) WPA 21628 of 2023 Dipanwita Saha -Versus- The State of West Bengal & Ors.

Mr. Prosenjit Mukherjee Mr. Arghya Kamal Das Ms. Babita Pramanik .....for the petitioner Mr. Sunit Kumar Roy .....for the WBCSSC Ms. Sayantanee Bhattacharjee ...for the State Ms. Koyeli Bhattacharya Mr. Bibek Dutta Ms. Keya Panja ....for the WBBSE In terms of previous order a report dated 22nd January, prepared by the Commissioner of School Education, West Bengal is filed today and same is taken on record.

It appears from the said report that there is no vacancy in Geography in Narendrapur Milan Vidyapith, South 24 Parganas since in the meantime West Bengal Central School Service Commission has issued recommendation letter vide memo dated 27th November, 2024 in favour of one Suman Maity for appointment as an Assistant Teacher in Geography in Upper Primary section of the said school.

Recommendation memo dated 27th November, 2024 is enclosed to the report. However, it is also stated in the report that petitioner was found to be a surplus teacher in Purba Kalikata Vidyatan Boy's, Kolkata but there is no deficiency of subject teacher in Geography in Narendrapur Milan Vidyapith, South Parganas where petitioner was recommended for transfer under Section 10 ( C) of the West Bengal School Service Commission Act, 1997. Since another candidate was recommended for being appointed as Assistant Teacher in Geography in Narendrapur Milan Vidyapith it is concluded in the report of the Commissioner that recommendation for transfer of the petitioner/ order of transfer dated 29th August, 2023, cannot be executed at present.

In view of aforesaid situation, no further order need be passed in this writ petition and same stands disposed of.

There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)