Calcutta High Court (Appellete Side)
Nibedita Sinha Sarkar vs The State Of West Bengal & Ors on 2 May, 2022
Author: Abhijit Gangopadhyay
Bench: Abhijit Gangopadhyay
02.05.2022
Item No.2
Ct. No.17
S.A.
WPA 6027 of 2022
Nibedita Sinha Sarkar
-vs-
The State of West Bengal & Ors.
Mr. Anjan Bhattacharya
...for the petitioner
Mr. Pappu Adhikari
...for the respondent nos.4 & 5
In this matter pursuant to an order passed by this court on 25.01.2022, the Principal Secretary of Education Department heard the matter in presence of the school. A reasoned order was passed on 24.02.2022 operative part of which is as follows ;-
"Hence, considering the above, a liberty is given to the petitioner to apply afresh for General transfer and transfer on Special grounds as per provisions of the West Bengal School Service Commission (General, Transfer, Transfer on Special Ground and Reallocation) Rules, 2015, as subsequently amended time to time for considering the same by the concerned authority as per existing norms as mentioned therein.
Thus, the matter is disposed of. All concerned be informed accordingly."
It is the submission of the petitioner today that though she filed a fresh application on 12.03.2022 (vide page 31 of the writ application) and though it 2 was submitted successfully (vide page 32 of the writ application) and though a no objection certificate was given by the school on 30.03.2022 (vide page 35 of the writ application), no further step has been taken by the school. The prayer of the petitioner is for a direction upon the school to forward the name of the petitioner to the end of the District Inspector of Schools through the Utsashree portal.
It is also submitted by the school that the no objection given by the school has not been uploaded in the portal and has not been forwarded to the concerned District Inspector of Schools.
I completely fail to understand why even after successful submission of the fresh transfer application and even after giving the no objection on 30.03.2022 why the School Authority has not taken any step for sending it to the District Inspector of Schools.
Learned advocate Mr. Pappu Adhikari appearing for Mr. Ritwik Pattanayek who is appearing for the school has submitted that as he has some personal difficulty he has not been able to appear. However, the court or the petitioner cannot wait in such a situation for appearance of the said learned advocate and even after considering the personal difficulty, I am compelled to pass the order as because the school has not taken the normal step for which the teacher 3 has not come to the school which is not at all expected.
I direct the School Authority to upload the no objection certificate in the Utsashree portal in course of the day and to forward the application to the District Inspectors of Schools also in course of the day.
List this matter on 5th May, 2022 under the heading "To Be Mentioned".
(Abhijit Gangopadhyay, J.)