Calcutta High Court (Appellete Side)
Anjusree Mahapatra vs The State Of West Bengal & Ors on 10 December, 2021
Author: Abhijit Gangopadhyay
Bench: Abhijit Gangopadhyay
Sl. No. 66
10.12.2021
Court No. 17
Sourav
W.P.A. 16565 of 2021
(Via Video Conference)
Anjusree Mahapatra
Vs.
The State of West Bengal & Ors.
Mr. Saibal Acharya
Mr. Dilip Kumar Shyanal
Mr. Sujit Bhunia
Mr. Pradip Paul
Mr. Tarun Kumar Das
...For the Petitioner.
Mr. Sutanu Kumar Patra
Ms. Supriya Dubey
...For WBCSSC.
Ms. Koyeli Bhattacharyya
...For WBBSE.
Mr. Bhaskar Prasad Vaisya
Mr. Suman Dey
...For the State.
The petitioner's case is that he prayed for general
transfer on special ground due to his serious illness for
which several documents have been annexed in the writ
application. She filed application through Utsashree
portal. According to the learned advocate of the
petitioner, such application was filed in Utsashree
portal on August 10, 2021. The petitioner's grievance is
that the concerned District Inspector of Schools being
the respondent no. 11 has sent back the transfer
application but without giving any reason whatsoever. 2 From a document downloaded from Utsashree portal which is annexed as Annexure P-12 (at Page
113), learned advocate for the petitioner has shown that in respect of "frequently asked questions" regarding transfer in serial no. 41 (at Page 114) there is a question which is "whether District Inspector of Schools can send application back to HOI (Head of the Institution)"; the reply thereto "yes, given reason thereon."
The petitioner has submitted that no reason has been shown to her by the DI while returning back the said application for transfer. It is found to be correct as appears from page 124 of this application.
Learned advocate for the State Mr. Vaisya has intimated this Court that some time is required for taking instruction as to why the transfer application of the petitioner has been sent back by the DI of Schools. For this purpose, I grant a week's time and this matter will appear in the list again on December 17, 2021.
The petitioner has intimated that through Utsashree portal she opted for three schools namely, Jhargram Banitirtha High School (H.S.); Jhargram Bikash Bharati Sikshayatan (H.S.) and Debichawk Darikanath Smriti Vidyapith (H.S.). Her prayer is that the posts in these schools for which the petitioner is an aspirant should not be filled up till the matter is disposed of.
3
I do not agree with the petitioner's such a prayer for interim order and I hold that if posts in these three schools are vacant till date those posts are to be kept vacant fill 23.12.2021 and the concerned District Inspector of Schools of Jhargram will intimate the same to the School Service Commission immediately and the School Service Commission will not recommend any person in those posts till December 23, 2021.
This matter is adjourned till December 17, 2021 and will appear within first five matters.
(Abhijit Gangopadhyay, J.)