Jhuma Biswas v. The State Of West Bengal And ORS

OD-2 ORDER SHEET WPO 33 of 2020

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE JHUMA BISWAS

Versus

THE STATE OF WEST BENGAL AND ORS

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date : 13th January, 2021 (Via Video Conference) Appearance:

Mr. Sakti Pada Jana, Adv.

Mrs. Ujani Pal (Samanta), Adv.

Mr. Kanak Kiran Bandopadhyay, Adv.

The Court: This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondent school authority in forwarding her papers for transfer under Section 4(1)(c) of the West Bengal School Service Commission (General Transfer on Special Ground and Re-allocation) Rules, 2015 on special ground. None appears on behalf of the school authorities in Court today when the matter is taken up. I accordingly draw an adverse inference against them. Counsel appearing on behalf of the Commission is present and he has no objection to the prayer of the petitioner.

In light of the same, school authorities are directed to forward the application of the petitioner within a period of three weeks from the date of

communication of this order before the relevant District Inspector of Schools (SE).

The District Inspector of Schools (SE) is directed to act in accordance with law.

With these observations, WPO 33 of 2020 is disposed of. Since no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed to have not been admitted by the respondents. There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (SHEKHAR B. SARAF, J.) R.Bhar