Saswati Mochari v. The State Of West Bengal And ORS

Form No. J.(2) Item No. 27 AB

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side

Present:

The Hon'ble Justice Aniruddha Roy W.P.A. 1367 of 2025 Saswati Mochari Vs.

The State of West Bengal & Ors.

For the petitioner :

Mr. Sudip Kumar Ghosh, Advocate (VC) Mr. Soumajit Laskar, Advocate For the State :

Mr. Subir Kumar Saha, Ld. AGP Mr. Kumar Shantanu, Advocate (VC) For SSC :

Mr. Sunit Kumar Roy, Advocate (VC) Heard on :

September 11, 2025 Judgment on :

:

September 11, 2025 Aniruddha Roy, J.

Affidavit of service filed in Court today, is taken on record. Referring to annexure P-7 at page 16 to the writ petition, learned counsel for the petitioner submits that, the previous application of petitioner seeking transfer from one school to other has already been rejected. The petitioner now prays for liberty to apply afresh in accordance with law seeking transfer.

In view of the above, the petitioner shall be at liberty to apply afresh seeking transfer in accordance with law. In the event, such an application is submitted, the appropriate and jurisdictional authority/authorities shall

consider the same strictly in accordance with law but positively within a period of ten weeks from the date of communication of this order. In the event, the application of the petitioner succeeds, all consequential and necessary steps shall be taken but positively within a period of six weeks from the date of the decision to be taken by the appropriate authority.

It is made clear that, the previous rejection has not been interfered with in this writ petition.

It is also made clear that, this order shall not create any right or equity in favour of the petitioner if the petitioner is not otherwise eligible in support of her claim for transfer strictly in accordance with law. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. With the above observations and directions this writ petition W.P.A. 1367 of 2025 stands disposed of, without any order as to costs. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)