Priti Jana v. The State Of West Bengal And ORS.

27-09-2023 Court No.3 Sh/4.

In The High Court At Calcutta Jalpaiguri Circuit Bench W.P.A. 1829 of 2023 Priti Jana.

-VsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Mr. Anirban Banerjee.

For the petitioner.

Mr. Subir Kumar Saha, AGP, Mr. Pretom Das.

For the State.

Mr. Bikramaditya Ghosh.

For the S.C.C.

The petitioner currently holds the position of an Assistant Teacher at Gairkata Girls' High School (H.S.) in Jalpaiguri.

By filing this writ petition, the petitioner seeks her transfer to any schools in Purba Medinipur. The learned advocate appearing for the petitioner submits that this writ petition should be disposed of in light of the judgment delivered in MAT 1332 of 2022 ( Tanushree Halder Vs. State of West Bengal & Ors.) on September 19, 2022.

Mr. Pretom Das, learned advocate appearing for the State and Mr. Bikramaditya Ghosh, learned advocate appearing for the School Service Commission jointly submit that the case of the petitioner should be considered strictly in accordance with law.

It is undisputed that due to certain technical impediments encountered while attempting to submit application through the designated website, the petitioner could not make her application.

Consequently, this writ petition is disposed of with the following directions:

The concerned District Inspector of Schools shall consider the offline application submitted by the petitioner within three weeks from the date and send his comments and views to the West Bengal Central School Service Commission for taking a final decision based on the available records.

The West Bengal Central School Service Commission shall decide the prayer for transfer within two months thereafter.

In the event, the West Bengal Central School Service Commission recommends transfer, West Bengal Board of Secondary Education shall issue necessary transfer order within a period of two weeks thereafter.

This is, however, made clear that this Court refrains from delving into the merits of the writ petition. The concerned authorities shall consider the case of the petitioner in accordance with law. Accordingly, WPA 1829 of 2023 is disposed of. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(KAUSIK CHANDA, J.)