Ashoke Kumar Mojumder v. The State Of West Bengal And ORS

02.04.2025 Ct. No.2 Rohit Calcutta High Court In the Circuit Bench at Jalpaiguri WPA 658 of 2025 Ashoke Kumar Mojumder -vs- The State of West Bengal & Ors.

Mr. Bikramaditya Ghosh Mr. Ved Rai ...for the petitioner Mr. Pretom Das Mr. Kumar Shantanu ...for the State Mr. Anirban Banerjee ...for the respondent no. 3 Report dated 2nd April, 2025 of the District Inspector of Schools (S.E) filed by the learned Advocate for the State in Court be taken on record. The petitioner is a Headmaster of Dhupguri High School. The petitioner could not attend the school for a considerable period due to his illness and after the petitioner was declared fit by the doctors he went to join the school but was not allowed to do so. The petitioner thereafter submitted various representations before the District Inspector of Schools (Secondary Education), Jalpaiguri as well as the President of the West Bengal Board of Secondary Education praying for transfer on special ground. The grievance of the petitioner is that till date no decision on such prayer has been communicated to the petitioner till date.

The learned Advocate representing the State submits that the petitioner approached for transfer on medical ground. Such prayer of the petitioner was forwarded to the West Bengal Board of Secondary Education with a copy to the Commissioner of School Education and the Deputy Secretary (Disciplinary Authority), West Bengal Board of Secondary Education.

The Deputy Secretary (Disciplinary Authority), West Bengal Board of Secondary Education directed the District Inspector of Schools (S.E) to conduct an enquiry regarding complaint made by the school staff against the petitioner herein and pursuant to such complaint an enquiry was conducted and a detailed report with specific recommendation of the District Inspector of Schools was sent to the West Bengal Board of Secondary Education. The learned Advocate for the State further submits that the matter is under consideration of the West Bengal Board of Secondary Education.

Mr. Anirban Banerjee, learned Advocate who usually represents the West Bengal Board of Secondary Education is present in Court and is requested to appear in this matter.

Let his appointment be regularised by the competent authority.

Mr. Ghosh, learned Advocate appearing for the petitioner is directed to serve a copy of this application upon Mr. Banerjee.

Since the matter is pending consideration before the West Bengal Board of Secondary Education, WPA 658 of 2025 is disposed of by directing the authorities of the West Bengal Board of Secondary Education to take a decision with regard to the prayer for transfer of the petitioner on medical ground as well as other issues which are pending before the Board.

The said respondent is directed to communicate its decision to the petitioner within a period of four weeks from the date of receipt of a server copy of this order.

(Hiranmay Bhattacharyya, J.)