Ruma Shome v. The State Of West Bengal And ORS

Item no. 07 19.08.2025 Ct. 02 sayandeep Calcutta High Court In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side W.P.A 1716 of 2025 Ruma Shome versus State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Mr. Soumyajit Laskar ...For the Petitioner.

Mr. Subir Kr. Saha, Ld. AGP Mr. Sourav Sarkar ....for the State Mr. Sunit Kr. Roy ....for the SSC

1. The affidavit-of-service filed in Court today is taken on record.

2. The present writ petition has been filed in effect for a direction upon the respondent No. 6 to consider petitioner's application for transfer in offline mode. The petitioner had initially been appointed as an assistant teacher in Harishchandrapur Kiranbala Balika Vidyamandir (HS), Harishchandrapur, Malda on 15th September, 2009. Later on the basis of an application filed by the petitioner for general transfer on medical ground, the West Bengal Central School Service Commission had issued a transfer recommendation whereupon the

West Bengal Board of Secondary Education had issued a transfer order in favour of the petitioner on 5th December, 2019. Consequent thereupon, the petitioner had joined Mairadanga Gopu Memorial High School (HS), Alipurduar on 7th December, 2019.

3. The petitioner again seeks for transfer, as according to the petitioner, the School where the petitioner is imparting education is approximately 83 kilometers away from her residence.

4. Having heard the learned advocates appearing for the respective parties and noting from the submissions of the parties that the online portal "Utsashree" has been suspended, I am of the view that without going into the issue as to whether the petitioner's case warrants a transfer, the petitioner's application for transfer before the respondent No. 6 in terms of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and re-allocation) Rules, 2015 (hereinafter referred to the as the said Rules) cannot be denied simply because the portal has remained suspended. Since the said Rules conferred a right to the petitioner to be considered for

transfer, the petitioner's application for transfer cannot be kept pending.

5. Further since, the online portal has been suspended, there cannot be any embargo on the part of the respondent No. 6 to consider the petitioner's application for transfer in offline mode. In view thereof, I direct the respondent No. 6 to consider the petitioner's application for transfer and if the petitioner is found eligible to take steps thereon in accordance with law.

6. With the above observations and directions, the writ petition is disposed of.

7. There shall be no order as to costs.

8. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Raja Basu Chowdhruy, J.)