Snigdha Datta (Basu) vs The State Of West Bengal & Ors on 20 December, 2021

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Calcutta High Court (Appellete Side)

Snigdha Datta (Basu) vs The State Of West Bengal & Ors on 20 December, 2021

Bench: Abhijit Gangopadhyay

 20. 12. 2021
       BP
     Sl. 18                       WPA 16680 of 2021
Court No. 17
                                (Via Video Conference)

                               Snigdha Datta (Basu)
                                      Vs.
                            The State of West Bengal & Ors.

                      Mr. Mrinal Kanti Ghosh
                      Mr. Subhasis Bandyopadhyay
                                       ..for the petitioner.
                      Mr. Jaharlal De
                      Mr. Shamim ul Bari
                                ..for the State.

                      Dr. Sutanu Kumar Patra
                      Ms. Supriya Dubey
                                ..for SSC.

                      Affidavit of service filed in court today be kept on

                record.

                      Learned advocate for the petitioner submits that

                the petitioner has filed an application for transfer

                through Utsashree portal on medical ground. The

                certificate of the Medical Board of the District Hospital,

                Howrah is at page 28 of the writ application. He

                submits that the petitioner has also uploaded this

                certificate issued by the Medical Board on 25.08.2021.

                However, the school has returned her application on

                the ground that she has completed less than five years

                service. He further submits that when it is medical

                ground, the question of five years' completion of service

                in the school does not come into play.
                     2




      Learned advocate for the petitioner submits that

there are guidelines for seeking transfer which have

been annexed as Annexure P-6 at pages 22 to 24 of the

writ application, wherefrom it appears that five years

completion of service is not applicable in respect of the

petitioner.

      I direct the President and the Teacher-in-Charge,

Joypur Surangamayee Girls High School (H.S.), Joypur,

Uluberia, Howrah, being the respondent nos. 7 and 8,

to give an opportunity of hearing to the petitioner immediately by 24th December, 2021 and to pass a reasoned order and if it is found that the petitioner is entitled to get 'no objection' from the school that is to be given immediately to the petitioner so that she can take further steps for her transfer through Utsashree portal.

This matter is not disposed of. It will appear in the list on 5th January, 2022.

The petitioner is directed to serve a copy of this order upon the respondent nos. 7 and 8 immediately.

(Abhijit Gangopadhyay, J. ) 3

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Calcutta High Court (Appellete Side)