Calcutta High Court (Appellete Side)
Chandrani Das vs The State Of West Bengal & Ors on 14 September, 2021
Author: Abhijit Gangopadhyay
Bench: Abhijit Gangopadhyay
14. 09 . 2021 W BP WPA 13484 of 2019 Sl. 67 Court No. 17. (Via Video Conference) Chandrani Das Vs. The State of West Bengal & Ors.
Mr. Bharat Bhushan ... For the Petitioner.
Mr. Kanak Kiran Bandyopadhyay ..for SSC.
The petitioner first applied for transfer in the year 2019. The petitioner is a lady teacher. Her two tender aged babies are not getting care of their mother because of the distance of the school of the mother who is the petitioner here.
Considering the situation of the petitioner the School Service Commission on 22.07.2020 recommended her for transfer in one school, namely Bakrahat Girls High School in South 24 Parganas. Now the petitioner is working in another school in the same district of South 24 Parganas. The petitioner wanted a nearby school and she submits that the earlier order of transfer is not at all advantageous to her. On the contrary, it will create some problem if she joins there. Therefore, the petitioner filed one supplementary affidavit and the entire matter was 2 considered by this court on 19th March, 2021.
Now the petitioner's prayer is for transferring her to one nearby school in the district of South 24 Parganas as she stays in Baruipur, South 24 Parganas.
It has been submitted by the learned advocate that Utsashree portal for transfer of teacher was given effect on 2nd August, 2021 but her case is not covered by the Utsashree Scheme because her case is much older and it is a case of 2019. From Utsashree portal the petitioner has come to learn that there are some schools nearer to her residence which have been shown in the Utsashree portal. Before this she had no opportunity to know whether there was any vacancy in a school near to her residence.
I have considered the case of the petitioner including her difficulty in joining Bakrahat school as was recommended by the School Service Commission and her case is not covered by the Utsashree Scheme. Hence, I direct the Commissioner of School Education, (as it has been submitted by the learned advocate for the School Service Commission that presently such transfer matters are being looked after by the Commissioner of School Education and the School Service Commission does not have any vacancy report of other schools) to look into the matter and to consider the case of the petitioner after 3 giving her an opportunity of hearing within a period of three months from the date of communication of this order. The decision in this respect is required to be communicated by the Commissioner of School Education within a period of two weeks thereafter.
I hold that as the petitioner's case is of 2019 she is not covered by the Utsashree Scheme which does not mean that she cannot be transferred to any school now published in the Utsashree portal. This observation of this court is required to be kept in mind by the Commissioner also at the time of taking decision in this matter.
This writ application is disposed of.
(Abhijit Gangopadhyay, J. ) Rul 4