Calcutta High Court (Appellete Side)
Mithu Sarkar vs The State Of West Bengal & Ors on 16 April, 2025
Author: Saugata Bhattacharyya
Bench: Saugata Bhattacharyya
W.P.A. 7424 of 2025
14 16.04.2025
rkd Ct.18
Mithu Sarkar
-vs-
The State of West Bengal & Ors.
Mr. Sudip Ghosh Chowdhury,
Ms. Debalina Chakrabvorty,
Ms. Pritha Biswas
....for the petitioner.
Mr. Sulagna Bhgattacharya,
Mr. Santanu Sett
....for the State.
Ms. Koyeli Bhattacharyya,
Ms. Keya Panja
....for the WBBSE.
Mr. Sunit Kumar Roy
....for the WBCSSC.
Affidavit-of-service filed on behalf of the
petitioner is taken on record.
Petitioner made an application on general
ground (distance) on 22nd August, 2022 on Utsashree
portal but same was rejected on the ground that
petitioner obtained lower rank in the schools opted by
her in transfer application.
The learned advocate representing the
petitioner prays for direction upon the respondents
granting opportunity afresh for reconsideration of her
transfer application.
In addition thereto, reliance is placed on the
order of the Hon’ble Division Bench dated 8 th April,
2025 passed on an intra Court appeal being MAT 471
of 2025 (Rupam Biswas v. State of West Bengal & Ors.).
2
Respondents are represented by learned
advocates and it is submitted by West Bengal Central
School Service Commission that transfer application of
the petitioner could not be considered since petitioner
obtained lower rank than other candidates as a result
whereof petitioner did not come within the zone of
consideration.
In terms of the ratio decided in Rupam Biswas
(supra), leave is granted to the petitioner to file an
application for transfer in prescribed proforma before
the school authority where petitioner is presently
working within fortnight from the date of
communication of this order.
If such application is made in the aforesaid
time, the school authority of Auldanga Amulyadhan
Roy Vidyapith High School, North 24 Parganas being
respondent no.6 shall forward the same to the
concerned District Inspector of Schools (SE), North 24
Parganas being respondent no.5 by fortnight
thereafter.
On receipt of same, respondent no.5 shall
forward the same upon processing the transfer
application of the petitioner by fortnight thereafter to
the Chairman, West Bengal Central School Service
Commission being respondent no.4.
On receipt of transfer application, respondent
3
no.4 shall decide the same in accordance with law by
six weeks thereafter.
The decision to be taken by the respondent
no.4 shall be communicated to the petitioner by ten
days thereafter.
However, it is made clear that suspension of
Utsashree portal shall not be a ground for rejecting the
transfer application of the petitioner.
The writ petition stands disposed of.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if
applied for, be given to the learned Advocates for the
parties on the usual undertakings.
(Saugata Bhattacharyya, J.)
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