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  4. 2024/
  5. August

Firoja Khatun vs. the State of West Bengal and Ors.

Decided on 30 August 2024• Citation: WPA/20889/2024• Calcutta High Court
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                    30.08.2024                                                      
                    Court No. 18                                                    
                    Item No.30                                                      
                    (Suvendu)                                                       
                                        WPA   20889  of 2024                        
                                            Firoja Khatun                           
                                              -Versus-                              
                                     The State of West Bengal & Ors.                
                                     Mr. Sudip Ghosh Chowdhury                      
                                     Ms. Shreyeta Mitra                             
                                     Ms. Afrin Nahar Mondal                         
                                                       ……..for the petitioner       
                                     Ms. Koyeli Bhattacharyya                       
                                                                 WBBSE              
                                                         ….for the                  
                                     Mr. Kanak Kiran Bandyopadhyay                  
                                                      ……..for the WBCSSC            
                                     Affidavit of service filed on behalf of the    
                                petitioner is taken on record.                      
                                     Matter relates to transfer of the petitioner   
                                on medical ground.                                  
                                     The  learned advocate representing the         
                                petitioner submits that after preferring the        
                                transfer application on medical ground on 17th      
                                September, 2022 the same was processed by the       
                                school authority where petitioner is presently      
                                serving.   Thereafter on receipt of such            
                                application, the concerned District Inspector of    
                                Schools upon taking necessary steps forwarded       
                                the transfer application of the petitioner to the   
                                West Bengal Central School Service Commission       

                                                 2                                  
                                for taking final decision on 7th December, 2022.    
                                It is submitted that in spite of receiving transfer 
                                application far back on 7th December, 2022 till     
                                date said transfer application has not been         
                                decided.                                            
                                     The  West Bengal Board  of Secondary           
                                Education and  West Bengal Central School           
                                Service Commission are represented by the           
                                learned advocates who have jointly submitted        
                                that perhaps due to suspension of Utshasree         
                                portal contemporaneous decision could not be        
                                taken  on  the transfer application of the          
                                petitioner.                                         
                                     However, it is submitted on behalf of the      
                                Commission that if direction is given upon the      
                                concerned authority of the Commission, transfer     
                                application of the petitioner shall be decided in   
                                accordance with law.                                
                                     Having considered the submissions made         
                                on behalf of the parties, writ petition stands      
                                disposed of directing the Chairman of the           
                                Commission  being the respondent no. 3 to           
                                decide transfer application of petitioner in        
                                accordance with law by four weeks from the date     
                                of communication of this order and the decision     
                                to be taken by the respondent no. 3 shall be        

                                                 3                                  
                                communicated to the petitioner by one week          
                                thereafter.                                         
                                     It is made clear that transfer application of  
                                the petitioner shall not be rejected due to         
                                suspension of Utshasree portal.                     
                                     There shall be, however, no order as to        
                                costs.                                              
                                     Urgent photostat certified copy of this        
                                order, if applied for, be given to the parties on   
                                usual undertakings.                                 
                                               (Saugata Bhattacharyya, J.)