Pimpal Dhali Mandal and Anr. v. State of West Bengal and Ors.
Case brief
What is this about?
Relevant to searches on: mutual transfer of primary teachers in West Bengal; offline mutual-transfer applications to be considered by the Secretary, WBBPE; exemption of mutual transfers from the normal transfer restriction under Rule of 2002; immediate communication by Chairman, DPSC South 24-Parganas and DPSC Purba Bardhaman of whether teachers are 'confirmed deemed' or otherwise, without the Board insisting on documentary proof; eight-week processing window tied to receipt of the court order and writ petition; schools/circles involved: Guskara Balika F.P. School (Ausgram-I Circle, Purba Bardhaman), Gangapur Junior Basic School (Bhangore Circle, South 24-Parganas). Bench: Rajasekhar Mantha, J. Disposition: writ petition disposed of with directions, no costs.
What did the court decide?
Directions issued and writ petition disposed of: Secretary, WBBPE to consider the petitioners' offline mutual-transfer application strictly per applicable Rules after ascertaining the counterpart's willingness, within eight weeks of receipt of the order and writ petition, and pass appropriate orders; Chairman, DPSC South 24-Parganas and DPSC Purba Bardhaman to immediately report whether the petitioners are 'confirmed deemed' or otherwise; Board expressly barred from insisting on supporting documents; normal transfer restriction under Rule of 2002 declared inapplicable to mutual transfers; no order as to costs; copies of the writ petition and order to be served on the Board and concerned District Primary School Council; parties to act on a server copy downloaded from the official Court website.