Rabindra Nath Singha v. State Of West Bengal And ORS.

76.

76.

18.02.2025 18.02.2025 Ct. No. 18 (ARPAN) W.P.A. 27405 of 2024 Rabindra Nath Singha Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Debalina Chakraborty ...for the Petitioner Mr. Ranjan Saha Mr. Kaustav Bhattacharya ...for the State Ms. Supriya Dubey ...for W.B.C.S.S.C Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for W.B.B.S.E Mr. Jayanta Kumar Das Mr. G. Das Ms. Madhumanti Das ...for the School Authority Pursuant to the order dated 25th November, 2024, affidavit-of-service is filed on behalf of the petitioner and same is taken on record.

Grievance of the petitioner is failure on the part of the authority of Malbandi Ashutosh Vidyamandir, Paschim Medinipur being respondent no.5 to forward transfer application of the petitioner dated 20th September, 2022 which was made on Utsashree portal. Today aforesaid school authority is represented by learned advocate who submits a resolution has been adopted by the managing committee of the school on 5th December, 2024 thereby decision was taken to issue 'No Objection' in favour of the petitioner in connection with

his last transfer application. Copy of the 'No Objection' is placed before this Court and same is taken on record. Since aforesaid school authority has already decided to issue 'No Objection', the said school authority is directed to forward transfer application of the petitioner along with 'No Objection' to the concerned District Inspector of Schools for taking further steps by seven (7) days from date. District Inspector of Schools (S.E.), Paschim Medinipur being respondent no. 4 on receipt of transfer application shall process the same and forward it to the West Bengal Central School Service Commission by fortnight thereafter. On receipt of transfer application, the Chairman, West Bengal Central School Service Commission being respondent no.3 shall decide the transfer application in accordance in law by eight (8) weeks thereafter and the decision to be taken by respondent no.3 shall be communicated to the petitioner by ten (10) days thereafter.

It is made clear that suspension of portal shall not be a ground to reject the transfer application of the petitioner.

Since there is availability of teacher in higher secondary section of the said school to take classes of Physical Science in normal section, petitioner shall not be treated as a single teacher of Physical Science in the school.

With the above directions, writ petition stands disposed of.

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

(Saugata Bhattacharyya, J.)