Minakshi Roy vs State Of West Bengal & Ors

Raja Basu Chowdhury, J

Affidavit of service filed in Court is taken on record.

The present writ petition has been filed, inter alia, praying for a direction upon the school authorities to consider the petitioner's application for transfer on distance ground.

The petitioner claims to have been appointed as an Assistant Teacher in Majiara High School (H.S), District - Murshidabad on 29th December, 2008. Her service has since been confirmed vide approval dated 19th January, 2009, issued by the District Inspector of Schools (S.E.) Murshidabad. The petitioner had thereafter applied for transfer on 9th April, 2022 on distance ground, in terms of West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 (hereinafter referred to as the "said Rules). Such application was processed and forwarded to the West Bengal Central School Service Commission. Such fact would corroborate from the Utsashree portal, the screenshot whereof has been annexed to the writ petition. It is, however, the petitioner's case since the Utsashree portal has remained suspended, the application has not been further processed.

Having heard the learned advocates appearing for the respective parties and noting from the submissions of the parties that the online portal "Utsashree" has remained suspended, I am of the view that since, the said Rules confer a right to the petitioner to seek transfer, the petitioner's right cannot be denied by reasons of suspension of the portal.

Accordingly, noting that the application has already been processed and forwarded to the West Bengal Central School Service Commission, I direct the aforesaid authority to take appropriate steps in the matter and finally processed the petitioner's application in accordance with law.

The entire process in this regard must be completed within a period of six weeks from the date of communication of this order.

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

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with the requisite formalities.