Calcutta High CourtWPA/3414/2022disposed

Dipanjana Roy v. State Of West Bengal And ORS.

2023-02-02Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

AD-09 Ct No.01 Jalpaiguri 02.02.2023 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side WPA No. 3414 of 2022 Dipanjana Roy Vs.

The State of West Bengal and others Mr. Ujjal Roy, Mr. Sk. Abdur Rahim ...for the petitioner Mr. Subir Kumar Saha, Mr. Momenur Rahman ....for the State Mr. Bikramaditya Ghosh ....for the SSC Learned counsel for the petitioner contends that the petitioner is entitled to be transferred to a school of her choice.

Learned counsel appearing for the School Service Commission, on instructions, submits that the petitioner shall be transferred to one of the schools as per the second and third choice of the petitioner, as initially disclosed. However, the transfer to the first-choice school is not possible in view of another candidate coming above the petitioner in the preference list with regard to the said school.

Learned counsel for the petitioner places reliance on Annexure P-5 of the writ petition and submits that the present status of the person appearing above the petitioner in the preference list is that his recommendation has been forwarded to HOI. As such, it is not sure whether such person will be appointed in the vacant post in the first choice school of the petitioner. Be that as it may, on instruction, learned counsel for the petitioner contends that the petitioner, in the circumstances, agrees to be transferred to the secondchoice school, which is the Rajganj Bandar High School, Girls. Thus, the purpose of justice would be sub-served if the petitioner is transferred to the said school. In view of the above observations, WPA No. 3414 of 2022 is disposed of by directing the respondentauthorities to take immediate steps for transfer of the petitioner to her second-option school, that is, the Rajganj Bandar High School, Girls.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)