Nasreen Shazda v. State Of West Bengal And ORS.

Ct. No. 13 W.P.A. 10288 of 2020 AN 04.01.2021 Nasreen Shazda -vs.- State of West Bengal & Ors.

Mr. Mr. Shamit Sanyal Ms. Manika Ray ... for the petitioner Mr. Subhrangsu Panda ... for the State Mr. Nadeem Sulaiman ... for the Madrasah Board Mr. Atarup Banerjee Mr. Abu Sohel ... for the respondent No.

7, 8, 9 Mr. Prosenjit Mukherjee Mr. Nirmalya Kr. Das Mr. Madhurima Sarkar ... for Madrasah Service Commission The writ petition has been filed seeking no objection from the Ghola Noapara Girls' High Madrasah (Higher Secondary) to enable the petitioner to appear and participate in the counseling process for transfer to another Madrasah viz. Santoshpur Public High Madrasah (Higher Secondary), Maheshtala, South 24 Parganas. The conduct of the petitioner in availing leave without prior sanction has been dealt with in WPA 20560/2019 dated 04.01.2021.

The Madrasah Commission submits that there is serious shortage of teaching staff in the Madrasah in question.

Learned counsel for the Commission submits

that the process of sending and recommending teachers for the aforesaid Madrasah in question cannot take place until after June, 2021 in view of the current pandemic and the forthcoming electoral process of the State. In that view of the matter, the petitioner's request for no objection from the Madrasah in question cannot be entertained at this stage. However, the petitioner shall be entitled to renew her prayer for transfer from the Madrasah in question in the next process of transfer that would be undertaken by the Commission and in any event post recommendation and appointment of new Assistant Teachers in the instant Madrasah in question.

With the above observations, the instant writ application stands disposed of, however, without any order as to costs.

Interim order passed earlier on 09.12.2020 directing the Commission not to recommend any other person to the Santoshpur Public High Madrasah (Higher Secondary), Maheshtala, South 24 Parganas concerned shall stand vacated forthwith and the Commission shall be at liberty recommend any other person on their choice to the said Madrasah.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously

as possible on compliance of all necessary formalities. (Rajasekhar Mantha, J.)