Amit Kumar Dey v. State Of West Bengal And ORS.

03.12.2024 Ct. No. 18 adeb W.P.A. 25476 of 2024 Amit Kumar Dey Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Choudhury Ms. Shreyeta Mitra ...for the petitioner Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for the WBBSE Ms. Anjusri Mukherjee Ms. Suvasri Ghosh ...for the State Mr. Sunit Kumar Roy ...for the SSC Report dated 29th November, 2024 of the District Inspector of Schools (SE) Murshidabad is filed today in terms of the order dated 12th November, 2024 and same is taken on record.

On perusal of the report it appears that against 991 students in the school where petitioner is working there are 6 teachers including the petitioner. There are 13 sanctioned teaching posts in the school out of which 7 posts are lying vacant and petitioner is the only teacher in Mathematics in the said school. It is also stated in report dated 29th November, 2024 that in spite of making endeavour respondent no. 4 could not find out willing teacher of neighbouring school who can

man the post of petitioner temporarily to facilitate petitioner's transfer.

In view of the report furnished by the respondent no. 4 it appears that pupil-teacher ration does not permit transfer of the petitioner on general ground. It also needs to be taken into consideration that petitioner is the only teacher in Mathematics in the school. Therefore, at present transfer application of the petitioner if allowed that will be against the relevant Transfer Rules and it would also be against the academic interest of the students studying in the said school.

Hence, writ petition stands dismissed.

However, this order shall not preclude the petitioner to apply for transfer in accordance with law in future if pupil-teacher ratio is improved and there is augmentation of teaching staff in the school. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)