Pranab Prasanna Das vs The State Of West Bengal & Ors on 14 July, 2022

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Calcutta High Court (Appellete Side)

Pranab Prasanna Das vs The State Of West Bengal & Ors on 14 July, 2022

Bench: Arindam Mukherjee

     01
14.07.2022
 Ct. No.23
     pg.
                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION
                              APPELLATE SIDE
                               WPA 15043 of 2021

                              Pranab Prasanna Das
                                       Vs.
                         The State of West Bengal & Ors.


                    Mr. Shamim ul Bari
                    Ms. Molly Saha
                                ... For the petitioner

                    Mr. Swapan Banerjee
                    Mr. Sougata Mitra
                               ... For the State

                    Dr. Sutanu Kumar Patra
                    Ms. Supriya Dubey
                               ... For the WBCSSC

                    Ms. Koyeli Bhattacharyya
                                ... For the WBBSE

                    Mr. Billwadal Bhattacharyya, Ld. Assistant SG
                                ... For the NIC/UOI

                    The petitioner was appointed a Librarian in

             Dubrajpur Girls' High School in the district of Birbhum

             with effect from 13th July, 2000. The petitioner applied

             for transfer in terms of a guideline being published by

             the authorities. The petitioner while applying for transfer

             was required to give his preferences in order. The

             petitioner's first preference was A.C. Institution, the

             second preference was Umesh C.B. High School and the

             third preference was Mothabari High School, all in the

             district of Malda. The petitioner says that he has been

             transferred but has been given appointment in his third

             preference school, i.e., Mothabari High School, although,
                       2




at the relevant point, vacancies were there in his first

and second preference schools.


        Reports were called for from the West Bengal

Central School Service Commission (in short "WBCSSC")

(respondent no.5) and National Informatics Centre

(respondent no.12). WBCSSC (respondent no.5) in its report in form of an affidavit has said that due to some malfunctioning in the portal, the third preference school was selected as petitioner's first choice and he was, therefor, transferred and given appointment thereat. In such selection, the respondent no.5 was not responsible since it had no control over such selection which was done through software. The respondent no.12 in its report in form of an affidavit says that they have no role to play in the selection of preference or in the functioning of the portal. So far as it relates to selection of preference, it also has no authority to select the preferences given by a librarian like the petitioner.

The fact remains that there is no vacancy in the schools indicated by the petitioner as his first and second preferences.

Without putting the petitioner in the crossfire between the respondent no.5 and respondent no.12, I think a practical approach should be adopted to resolve the issue. In the event a direction is given for transferring the petitioner to his first preferred school or 3 his second preference, the matter will get more complicated as it is likely to affect the rights of the persons already transferred and posted thereat.

To resolve this dispute, the petitioner is agreeable to accept his transfer to a school of his choice from his present posting. The petitioner says that in Malda Town High School, the post of Librarian will fall vacant on the present occupant retiring on 31st August, 2022. The petitioner says that if he is considered and transferred in the said Malda Town High School, he has no other grievances.

Before this modified prayer of the petitioner can be accepted, it is necessary to ascertain whether the information provided by the petitioner are correct and whether the petitioner fulfils all requirements to be appointed as a Librarian in Malda Town High School.

The matter is adjourned till 28th July, 2022 when the respondents no.1 to 7 shall apprise this Court whether the post of Librarian in Malda Town High School will fall vacant on or after 31st August, 2022 and whether the petitioner matches the requisite conditions for being appointed as a Librarian on the said School from his present posting, i.e., Mothabari High School. In the event it is found by the respondents no.1 to 7 that the petitioner does not fulfil the conditions for being appointed as a Librarian in Malda Town High School, the reasons should be informed and alternative vacancies in 4 and around the petitioner's place of residence may be indicated to the Court on the next date.

(Arindam Mukherjee, J.)

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