Shrimanta Hutait And ANR. v. The State Of West Bengal And ORS.

17.12.2024 Item No.24 Court No.19 SK

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 29551 of 2024 Shrimanta Hutait & Anr.

-Vs- The State of West Bengal & Ors.

Mr. Santanu Maji, Mr. Subhayu Das .....for the petitioners.

Mr. Binoy Kr. Das, Mr. Debabrata Kole ....for the State.

Mr. Ratul Biswas ...for the DPSC, Howrah.

Mr. Ranjan Saha, Ms. Ankita Saha .....for the D.P.S.C., Paschim Medinipur.

Mr. Kaushik Chowdhury.

.....for the WBBPE.

Affidavit of service filed on behalf of the petitioners be kept with the record.

The petitioners are confirmed Assistant Teachers of two primary schools of two different districts, they are praying interdistrict mutual transfer. The petitioner no.1 is a teacher of Baragohal Free Primary School under Uluberia North Circle of the D.P.S.C., Howrah, the respondent no. 5 herein whereas the petitioner no.2 is a teacher of Baikunthapur Primary School under Debra Circle of the D.P.S.C., Paschim Medinipur, the respondent no. 7 herein.

The West Bengal Board of Primary Education vide Notification No. 230/91-92 dated November 02, 1991 has laid down the Principles and Procedures for Transfer of Teacher or Non-teaching Staff in a Primary Schools between two Primary Councils, the procedure prescribed under Paragraph '1' of it runs as follows :-

"1. The Council from which transfer is sought, after receiving such application from the incumbent concerned, will consider the matter and record the Council's opinion and forward the case to the Council to which transfer is sought, for their comments and onward passing of such papers to the Board for decision."

The joint representation of the petitioners for such mutual transfer, both dated November 22, 2024 is pending consideration before the Chairman of both of their respective District Primary School Councils.

The said Councils shall form their opinions on the said representation of the petitioners following the practice suggested in the said Notification dated November 02, 1991, and shall send the same to the West Bengal Board of Primary Education for consideration of the prayer of the petitioners for mutual transfer in accordance with law.

The Board shall complete its drill in this regard expeditiously, preferably within a period of four weeks from the date of receipt of the opinion from the said Councils. WPA 29551 of 2024 is disposed with the above terms without any order as to costs.

Since no affidavit has been invited, the allegations contained in the writ petition are deemed to have been denied by the respondents.

Urgent Photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)