Calcutta High Court (Appellete Side)
Pamela Ganguly vs The State Of West Bengal & Ors on 8 September, 2021
Author: Abhijit Gangopadhyay
Bench: Abhijit Gangopadhyay
08.09.2021
Unlisted
Ct. No.17
S.A.
W.P.A. 14176 of 2021
Pamela Ganguly
-vs-
The State of West Bengal & Ors.
Mr. Kamalesh Bhattacharya
Mr. Aninda Bhattacharya
... For the petitioner
Mrs. Chaitali Bhattacharya
Mr. Ranjan Saha
...For the State
Mr. Kanak Kiran Bandyopadhyay
... for the S.S.C.
The petitioner's case is that she joined the
present school pursuant to the recommendation made
by the West Bengal Regional School Service
Commission in the year 2011. Thereafter, when she
became a mother in the year 2015, she took steps for
transfer to a nearby school as her child was of very
tender age. Considering the difficulty in attending her
present school where she was working in the District
of Nadia, the School Education Department wrote a
letter to the West Bengal Central School Service
Commission for taking steps and showing her
vacancies in nearby schools. The Central School
Service Commission consequently wrote two
consecutive letters, one to the District Inspector of
Schools, Barrackpore and the District Inspector of
2
Schools, Kolkata and the other to the District
Inspector of Schools, Barasat. The two letters as have
been disclosed by the petitioner at Page 22 and Page
23 of this writ application are dated 27.11.2019 and
28.02.2020.
But the said District Inspectors of Schools did
not take any step to send the vacancies to the Central
School Service Commission. The petitioner was in
tenterhooks. However, very recently from Utsashree
Portal, the petitioner has come to know that there are
a number of vacancies which comes under the
District Inspector of Schools (S.E.), Barasat. She has
prayed before this Court that she be transferred to
any of the nearby schools which come under the D.I.
of schools Barasat (i.e. District 24 Parganas - North)
out of the above named portal which has been
annexed to the writ application as Annexure P-9.
Learned advocate for the State Mrs.
Bhattacharya is present who has submitted that as
the names of the schools were uploaded on 31st
August and as it is not known (as this application is
being moved as urgent motion) for want of instruction
if any schools have already been selected by some
candidates for the subject History (History is the
subject of the petitioner) the petitioner cannot be
granted an opportunity by this Court to select one
particular school today from the said Annexure P-9.
3
After considering the submission of the parties,
I direct the Commissioner of School Education being
the respondent No.2 to show all the vacancies which
have not been selected by other candidates till date from the Utsashree Portal tomorrow by 2 P.M. when the petitioner will go to the office of the respondent No. 2. Such direction is being given to the petitioner. As the petitioner started her endeavour to get a transfer from 2018, she should get priority to select a school within the jurisdiction of the District Inspector of Schools, office at Barasat. Before her selection of school within the jurisdiction of the D.I. office at Barasat (S.E.) by 3 P.M. tomorrow no other teachers who intend to select a school from vacancies in respect of Barasat D.I.'s jurisdiction shall be allowed to exercise their option from today. This restraining order will remain operative from today (08.09.2021) 4.30 p.m. to 3.00 p.m. on 09.09.2021. After exercising option by the petitioner the Commissioner will take all consequential steps for transfer of the petitioner in the school selected. The present school shall co- operate with the petitioner.
The concerned District Inspector of Schools to whom letter was written by the School Service Commission were not prompt enough and that is why this situation has arisen. The Commissioner of School Education will accept the option exercised by 4 the petitioner by 3 P.M. tomorrow in respect of any school within the jurisdiction of District Inspector of Schools, office at Barasat (S.E.).
With the above direction, this writ application is disposed of.
Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance of the formalities.
(Abhijit Gangopadhyay, J.)