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Calcutta High Court (Appellete Side)

Ayesha Khatun vs The State Of West Bengal & Ors on 26 August, 2021

Author: Abhijit Gangopadhyay

Bench: Abhijit Gangopadhyay

       26.08.
g.b.   2021                         WPA 12426 of 2021
       Ct. No.17
40
                             Ayesha Khatun
                                     Vs
                       The State of West Bengal & Ors.

                   Mr. Kamalesh Bhattacharya
                   Mr. Aninda Bhattacharya
                                ..............For the Petitioner
                   Mr. Bhaskar Prasad Vaidya, Ld. AGP
                   Mr. Ranjan Saha
                                  ........For the State
                   Ms. Koyeli Bhattacharyya
                           .....For the Respondent Nos. 4, 5 and 6

Dr. S. K. Patra Ms. S. Dubey ......For the SSC The matter relates to transfer of the petitioner from one school to another, namely, Kuchut P. C. Institution where there is a vacancy but vacancy was shown for transfer according to the present policy and the vacancy has been shown in the list published by the School Education Department. Today one written instruction issued by the Commissioner of School Education has been handed over by the learned advocate for the petitioner before this court wherefrom it appears that the relevant papers in respect of the petitioner which were in the custody of West Bengal Central School Service Commission were not forwarded to the Directorate of School Education after 16.10.2020.

I believe for this reason the error was 2 committed. I direct the School Service Commission to send all the papers in respect of the petitioner to the Commissioner of School Education by seven days from date and the Commissioner of School Education is directed to send his recommendation to the West Bengal Board of Secondary Education for issuance of appropriate order for transfer of the petitioner to Kuchut P. C. Institution by seven days from the date of receipt of the copy of the papers of the petitioner from the School Service Commission. The West Bengal Board of Secondary Education will issue transfer order to the petitioner by one week thereafter. The entire thing will be completed by the above authorities by six weeks.

The matter is not disposed of. It will appear after six weeks for a report to be filed by the West Bengal Board of Secondary Education before this court.

List this matter on 1st October, 2021. Learned advocate for the petitioner is directed to communicate the order of this court to Commissioner of School Education, W. B., West Bengal Board of Secondary Education and School Service Commission.

The instruction issued by the Commissioner of School Education be kept with the record. 3 (Abhijit Gangopadhyay, J.)