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Calcutta High CourtWPA/8396/2020disposed

Soumyasree Bhowmik Das v. State Of West Bengal And ORS.

2021-02-11Hon'Ble Justice Shekhar B. Saraf2 pages

S/L 6 11.02.2021 Court No.26 SD WPA 8396 of 2020 (Via Video Conference) Soumyasree Bhowmik (Das) Vs.

State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri ... for the Petitioner.

Mrs. Sanghamitra Nandi Sk. Md. Masud ... for the State.

None appears on behalf of the school authorities in Court today in spite of service of the Registrar General of this Court and the petitioner.

Counsel for the State is represented.

This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the transfer under Section 4(1)(c) of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015. The case of the petitioner is that the school authorities are required to issue No Objection Certificate in her favour. Mr. Shuvro Prokash Lahiri, counsel appearing on behalf of the petitioner has now submitted a resolution of the Managing Committee allowing the Headmaster of the concerned school to issue the No Objection Certificate in favour of the petitioner.

In light of the same, the school authorities are directed to issue the No Objection Certificate in favour of the petitioner within a period of two weeks from date. Subsequent steps for transfer be taken in accordance with law by the school authorities.

With the above observations, this writ petition is disposed of.

Since, no affidavit-in-opposition has been called for the allegations made in the writ petition are deemed to have not been admitted by the respondents.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Shekhar B. Saraf, J.)