Sonali Negel v. State Of West Bengal And ORS.

20.11.2024 20.11.2024 Ct. No. 18 ARPAN W.P.A. 27044 of 2024 Sonali Negel Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ...for the Petitioner Mr. Sunit Kumar Roy ...for the WBCSSC Mr. Samim-Ul-Bari Ms. Nilofer Siddique Alam ...for the State Affidavit-of-service filed on behalf of the petitioner is taken on record.

By presenting this writ petition, inter alia, petitioner has questioned the Order of the District Inspector of School (S.E.), Hooghly dated 29th August, 2024 whereby offline transfer application of the petitioner has not been considered on the ground of suspension of Utsashree portal.

It is true that it has been decided by this Court in other matters that mere suspension of Utsashree portal based on Notification of the Deputy Secretary, Government of West Bengal, School Education Department (Secondary Branch) dated 28th June, 2024, till 31st December, 2024 ought not to be a ground for rejecting or not considering transfer application of the petitioner if such transfer application is made on Portal within time.

In the present case as it appears from the impugned Memo dated 29th August, 2024 of the District Inspector of Schools (S.E.), Hooghly that the ground taken for rejecting the transfer application of the petitioner may not be proper but it has been submitted by the learned advocate representing the petitioner that application was made by the petitioner on offline mode seeking transfer on the ground of distance. Offline transfer application on the ground of distance when portal is suspended is not permissible since there is no extreme urgency requiring special treatment thereby directing the concerned respondent authorities to decide such transfer application of the petitioner expeditiously. Had it been a case that petitioner made application for transfer since either she or her husband or son or daughter was suffering from serious/ terminal disease in that event, transfer application on medical ground was required to be processed and considered in different manner.

Since it is a case of application for transfer on the ground of distance and same has been made offline, this Court is not inclined to pass order in order to interfere with the decision of the concerned District Inspector of Schools dated 29th August, 2024 on different reason. Accordingly, the Writ Petition stands dismissed. However, this Order shall not preclude the petitioner to

make application for transfer in future, if situation so arises.

There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)