Prashanta Kisku v. State Of West Bengal And ORS.

01.10.2024 Court No. 18 Item No. 21 (Suvendu) WPA 24424 of 2024 Prashanta Kisku -Versus- The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri ........for the petitioner Mr. Sourav Mitra ......for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner on the ground of distance in between present school of the petitioner and petitioner's place of residence.

Grievance of the petitioner is in spite of making application for transfer on 2nd September, 2021 on Utshasree portal and same was forwarded by the District Inspector of Schools (SE), Howrah on 11th September, 2021 to West Bengal Central School Service Commission through portal, till date concerned authority of the Commission has not taken any decision on the transfer application.

Learned advocate representing West Bengal Central School Service Commission has submitted that contemporaneously decision on transfer application of the petitioner could not be taken due to suspension of Utshasree portal with effect from 29th September, 2022.

However, it has been submitted on behalf of the Commission that if direction is given upon the appropriate authority, transfer application of

the petitioner shall be decided in accordance with law.

In view of submissions made on behalf of the parties, the writ petition stands disposed of by directing the Chairman, West Bengal Central School Service Commission, being the respondent no. 4 to take decision on transfer application of the petitioner by eight weeks from date of communication of this order in accordance with law and the decision to be taken by the respondent no. 4 shall be communicated to the petitioner by one week thereafter.

However, transfer application of the petitioner shall not be rejected on the ground of suspension of Utshasree portal.

There shall be, however, no order as to costs.

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

(Saugata Bhattacharyya, J.)