Tanyeer Sabiba Boksh v. State Of West Bengal And ORS.

01.11.2023 Ct. No.05 g.b./pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 22268 of 2023 Tanyeer Sabiba Boksh v.

The State of West Bengal & Ors.

Mr. Anjan Bhattacharya Ms. Anita Shaw ... For the petitioner Mr. Tapan Kumar Mukherjee Ms. Sangeeta Roy Ms. Paramita Pal ... For the State Dr. Sutanu Kumar Patra Ms. Supriya Dubey ... For the WBCSSC Affidavit of service filed in Court be kept with the record.

The petitioner has prayed for her transfer from her present school to any school in the District of Kolkata or 24-Parganas North or South. She is a victim of crime which has been elaborated in the petition including one order of the Court dated 18.05.2023 whereunder dates of evidence have been fixed in the month of November, 2023. Whatever be the case, I direct the Commissioner of School Education, West Bengal, to consider the prayer for transfer of the petitioner on the ground as indicated above, I am told by Dr. Patra appearing on behalf of the School Service Commission that there is a separate provision for transfer of such victim of any crime and,

therefore, I direct that the representation of the petitioner at page 29, being Annexure "P-4" of the writ application, is to be considered by the Commissioner while giving an opportunity of hearing to the petitioner within a period of four weeks from the date of communication of this order and to pass a reasoned and speaking order by two weeks thereafter. The order is to be communicated to the petitioner forthwith thereafter.

With the above observation and direction, this writ application is disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Abhijit Gangopadhyay, J.)