Abdul Alim Baidya v. The State Of West Bengal And ORS

27.09.2024 Court No.2 Sl. No.28 KB Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A 2176 of 2024 Abdul Alim Baidya -versus The State of West Bengal & Ors.

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

Mr. Momenur Rahman Mr. Pradip Sarkar.

...For the State.

Mr. Sunit Kumar Roy ...For SSC.

The application filed by the petitioner seeking transfer travelled up to the level of the District Inspector of Schools (Secondary Education), South 24 Parganas and a report was forwarded by the said District Inspector of Schools to the Secretary of the West Bengal Central School Service Commission on 11th December, 2020 identifying Kashinagar High School (H.S.) South 24 Parganas as a suitable school where the petitioner may be transferred.

The petitioner could not be transferred in the said vacancy because a notification was published by Education Department authorizing the Commissioner of School Education to decide all issues of transfer.

The matter is kept pending since then.

It has been submitted by the learned advocate representing the petitioner that the vacancy which was identified has since been filled up. Presently, a separate vacancy has to be identified where the petitioner may be transferred.

As presently the Central School Service Commission is the appropriate authority to deal with all transfer matters, accordingly, the appropriate authority of the Central School Service Commission is directed to take up the issue and reach the same to its logical conclusion in accordance with law at the earliest but positively within a period of ninety days from the date of communication of this order.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties upon compliance of usual legal formalities.

( Amrita Sinha, J.)