Calcutta High Court (Appellete Side)
(Ad 32) vs The State Of West Bengal & Ors on 22 November, 2021
Author: Abhijit Gangopadhyay
Bench: Abhijit Gangopadhyay
Court No. 17 WPA 16082 of 2021 22.11.2021
Satyajit Saha (AD 32) Vs. The State of West Bengal & Ors.
(S. Banerjee) (Via Video Conference) Mr. Subhrangsu Panda ... for the petitioner Mr. Swapan Kuamar Datta, Sr. Advocate Mr. Rajat Dutta ... for the State Ms. Koyeli Bhattacharya ... for the WBBSE Dr. Sutanu Kumar Patra Ms. Supriya Dubey Ms. Deblina Chakraborty ... for the SSC The petitioner filed one application for transfer from one school to another through Utsashree portal on 30th July, 2021. His application was sent back from the School Service Commission on 30th August, 2021. The same was communicated by the District Inspector of Schools to the petitioner on the same day.
The petitioner, challenging the 'sending back' has filed this application for consideration of his transfer application with a prayer for an order for showing the cause to the court as to why his transfer application has been sent back.
Learned advocate for the State has shown me a provision contained in the amended rule namely, West Bengal School Service Commission (General Transfer, 2 Transfer on Special Grounds and Reallocation) Rules, 2015, being Rule 14A, which says about appeal, may be preferred by the aggrieved person within 30 days of the date of receipt of the disposal of the transfer application.
Here, in my view, there is no disposal order of the transfer application per se, but it has been 'sent back' means - it has been refused by the concerned authorities.
At this stage learned advocate for the petitioner points out that the said amendment to the above mentioned rules was published in the gazette on September 8, 2021 but his application came back from the Commission through the concerned DI before September 8, 2021 and, therefore, this rule as amended and published in the Kolkata Gazette on September 8, 2021 does not have any application in this case, as this rules do not have any retrospective effect.
Considering the submissions of the parties and the provision and also the question of retrospectivity, whether it is there or not, I direct the School Service Commission to intimate the petitioner within a period of 10 days from date to supply him the reason as to why his application was sent back to him.
This matter is adjourned till 6th December, 2021 when the Commission as well as the petitioner will come back with the reason for sending back the application.
(Abhijit Gangopadhyay, J.)