Calcutta High Court (Appellete Side)
Aditi Roy vs State Of West Bengal & Ors on 20 April, 2022
Author: Abhijit Gangopadhyay
Bench: Abhijit Gangopadhyay
20.04.2022 Item No.24 Ct. No.17 S.A. W.P.A. 21070 of 2021 Aditi Roy
-vs-
State of West Bengal & Ors.
Mr. Anjan Bhattacharya Ms. Anita Shaw ...for the petitioner The petitioner's residence is in the District of Howrah in an area known as Uluberia which is a well- known place in the said District. From there, the distance of her school at Dakshin Kashiabad in the District of South 24 Parganas under Diamond Harbour Sub-Division P.S. Dholahat is definitely at a distance of more than 100 kms. The petitioner filed her application for transfer on 15th June, 2019 which appears from the application form for transfer (vide page 30 of the writ application).
However, the Commissioner of School Education has observed that the procedures prescribed in Sub-Sections 7(1) and 7(2) were not followed. The petitioner submits that apart from medical ground if the question of the distance from her residence to her school and also the distance between the residence of her husband to the school in which area she resides now is taken into consideration, question of compliance of Rule 7(1) and 2 7(2) will not be attracted. She can be transferred on the ground of distance only.
I find some merit in this submission. Therefore, again I am not sending the matter to the Commissioner of School Education. I am sending the matter to the School Service Commission to take a decision of transfer of the petitioner if she is otherwise eligible. The question of transfer depends upon the distance of her residence and her school. The School Service Commission shall consider this aspect i.e. distance and will pass the necessary order.
I direct the petitioner to send a complete copy of the writ application along with the copy of this order to the School Service Commission by this week and the Commission is directed to take a decision of transfer if the petitioner is otherwise eligible, to a school nearer to her residence (for which the petitioner is directed to take help of Utsashree portal for knowing the vacancies) within a period of four weeks from the date of communication of this order.
As the petitioner filed this application in the year 2019, right accrued even before introduction of the transfer system through Utsashree portal and that is why I have directed the Commission for taking a decision. I have granted liberty to the petitioner to suggest three schools nearer to her residence from the utsashree portal to the Commission.
This matter is not disposed of.
3It will appear in the list on 19th May, 2022. The order passed by the Commissioner dated 16th November, 2021 is set aside and quashed.
(Abhijit Gangopadhyay, J.)