Sri Shyamal Ghosh v. State Of West Bengal And ORS.

14.05.2025.

Ct.No.7.

as WPA 24233 of 2023 Shyamal Ghosh Vs.

The State of West Bengal & Ors.

Mr. Sukanta Chowdhury.

...for the Petitioner.

Mr. Supriya Chattopadhyay, Mr. Somraj Dhar.

...for the State.

1. Affidavit-in-opposition filed on behalf of the respondents-State is taken on record.

2. Learned advocate appearing for the petitioner submits that petitioner does not want to file any reply thereto.

3. The present writ petition has been filed primarily seeking a direction upon the concerned authorities to consider the petitioner's request for transfer to any suitable school. The petitioner has been serving as an Assistant Teacher in Economics at Bajarpur Ramkrishna High School, Purba Medinipur, since 23rd August, 2002. To facilitate the process of transfer applications for Assistant Teachers in Secondary Schools, the State of West Bengal introduced the 'Utshashree' portal. In furtherance of his request for transfer, the petitioner duly submitted the required details on the said portal. However, due to an inadvertent

error, the petitioner was incorrectly shown as an Assistant Teacher in Bengali, instead of Economics. Although the petitioner's application was processed in accordance with the prescribed procedure, the erroneous designation in the portal prevented effective consideration of his request for transfer. In view of the same, the petitioner has approached this Hon'ble Court, inter alia, seeking a direction for rectification of the erroneous entry in the 'Utshashree' portal and other allied reliefs.

4. Mr. Dhar, learned Advocate entered appearance on behalf of the State.

5. Heard the learned Advocates appearing for the respective parties and perused the materials on record.

6. Record reveals that the petitioner was appointed as an Assistant Teacher in Economics at the said school, and his appointment was duly approved by the District Inspector of Schools as such. However, in the 'Utshashree' portal, he has been erroneously reflected as an Assistant Teacher in Bengali. Furthermore, in paragraph 6 of the affidavit-inopposition, affirmed by the District Inspector of Schools (Secondary Education), Purba Medinipur, it has been categorically stated that, at present, there are no students enrolled in the Economics subject in the school.

7. Taking note of this subsequent development, this writ petition is disposed of granting the petitioner to present an offline application before the school authority.

8. Needless to observe that, since there are no students enrolled in the Economics subject at the petitioner's current school, there cannot be any valid impediment for the school authorities to recommend the petitioner's transfer to a suitable institution. Accordingly, the school authority is directed to issue the necessary recommendation in support of the petitioner's transfer and forward the same to the District Inspector of Schools (Secondary Education), Purba Medinipur. As the District Inspector of Schools has already taken the stance that the petitioner's request for transfer may be allowed on the ground that there are no students in the Economics subject, the District Inspector shall, upon receipt of the recommendation from the school authority, forward his own recommendation to the West Bengal School Service Commission.

Upon receipt of such recommendation, the West Bengal School Service Commission shall take appropriate steps in accordance with law, which may include effecting the transfer of the petitioner to a suitable school where his services as an Assistant Teacher in Economics may be properly utilized.

9. The entire exercise shall be carried out within a period of eight weeks from the date of receipt of the offline application from the petitioner by the school authority.

10. With this observation, the writ petition is disposed of.

11. There will be no order as to costs.

(Partha Sarathi Chatterjee, J.)