← Library
Calcutta High CourtWPA/30382/2024dismissed

Ananya Basu v. The State Of West Bengal And ORS.

2025-01-06Hon'Ble Justice Saugata Bhattacharyya3 pages

W.P.A. 30382 of 2024 rkd d 06.01.2025 Ct.18 Ananya Basu -vsThe State of West Bengal & Ors.

Mr. Anjan Bhattacharya, Ms. Anita Shaw, Ms. Salma Sultana ....for the petitioner.

Mr. Malay Singh, Ms. Neelam Singh ....for the State.

Mr. Sourav Mitra ....for the WBCSSC.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

Petitioner prays for direction upon the concerned respondent authorities for consideration of her application for transfer on medical ground which was made on Utsashre portal on 16th September, 2022.

It is submitted that in spite of forwarding transfer application by the school authority where petitioner is presently working concerned District Inspector of Schools (SE) has not taken any steps. Such prayer made on behalf of the petitioner is opposed by the learned advocate representing the respondents on the ground that petitioner prior to that made application for

transfer on 23rd August, 2022 to a particular school which was rejected since it was found that distance in between the present school of the petitioner and the school where petitioner sought transfer was less than 25 Kilometres. When first application of the petitioner was not allowed on the ground of distance then petitioner decided to make application for transfer on medical ground.

Having considered the submissions made on behalf of the parties, this Court finds substance in the submissions made on behalf of the respondent authorities. On perusal of a document being Annexure-P3 to this writ petition, it appears that petitioner first applied for transfer on 23rd August, 2022 which was not allowed on the ground since distance in between the present school of the petitioner and the school where petitioner sought transfer was less than 25 Kilometres which prompted the petitioner to make application for transfer on medical ground on the same date i.e. 16th September, 2022 when petitioner's first application for transfer on the ground of distance was rejected. Therefore, it appears that the reason for making application for transfer on medical ground was rejection of first application of the petitioner for transfer dated 23rd August, 2022

which was made on the ground of distance.

Hence the writ petition stands dismissed.

However, this order shall not preclude the petitioner to make application for transfer in accordance with law, in future.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)