Calcutta High Court (Appellete Side)
Mithu Nath vs The State Of West Bengal & Ors on 22 November, 2018
Author: Arijit Banerjee
Bench: Arijit Banerjee
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13
22.11.2018.
d.p.
W.P. 8983 (W) of 2018
Mithu Nath
-versus
The State of West Bengal & Ors.
Mr. Ekramul Bari,
Ms. Anusuya Banerjee.
...For the Petitioner.
Mr. Arindam Chattopadhyay.
...For the State.
Affidavit-of-service filed in Court today be kept with the
record.
A receipted copy of a notice dated 20th November, 2018 has
also been filed in Court wherefrom it appears that the school
authorities have received notice of this writ application. However,
nobody appears for the school authorities. Given the nature of the
prayer in the writ petition, I do not see any reason to keep the writ
petition pending.
The petitioner is a teacher at Birpur Lalita Srikrishna Girls'
High School in Nadia. She proposes to apply for transfer on special
ground. For that purpose she approached the respondent school
authorities for issuance of 'No Objection Certificate'. My attention has been drawn to a reply of the school authorities to an application made by the petitioner under the Right to Information Act which is to the effect that the school Managing Committee has taken a resolution not to issue "No Objection Certificate" to the petitioner for transfer on special ground. I have held in several cases that under no circumstances such "No Objection Certificate"
2can be withheld. Even dearth of teachers in a school cannot be a ground for refusing to issue "No Objection Certificate". There are several authorities for this and if necessary, one may refer to the Division Bench decision of our Court in the case of Managing Committee, Kholapota Prankrishna Halder Girls High School & Anr. -vs- Nibedita Roy, (2009) 3 CHN 626.
It further appears that the petitioner is suffering from various medial complications and the school where she now teachers is about 100 kms away from her residence. One can well appreciate the difficulty that the petitioner should be facing in covering such distance everyday.
Accordingly, I direct the school authorities to issue "No Objection Certificate" in favour of the petitioner within a period of one week from the date of communication of this order. The concerned D.I of schools shall take all follow up actions expeditiously upon receipt of the application from the petitioner.
No useful purpose shall be served by keeping the writ petition pending.
Since no affidavit-in-opposition has been invited, the allegations contained in the writ petition are deemed not to be admitted.
W.P. 8983 (W) of 2018 is, accordingly, disposed of. There will be no order as to costs.
Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
( Arijit Banerjee, J.)