Arpita Das and Anr. v. the State of West Bengal and Ors.
Case brief
What is this about?
WPA 14966 of 2024, disposed 18.06.2024 by Rajasekhar Mantha, J. Mutual transfer application of a Murshidabad primary-school teacher (K-U-24 Jemo Dinen Narayan Primary School, Kandi Circle) with Anindya Bakshi, Assistant Teacher, Belgachia Mahatma Aswini Dutta Vidyapith (Sadar North Circle, Howrah), pending with Secretary, West Bengal Board of Primary Education (WBBPE). Directions: offline consideration strictly per applicable Rules after ascertaining counterpart willingness, decision within eight weeks; Chairman DPSC Howrah and DPSC Murshidabad to report confirmed/deemed status, Board barred from demanding documents; normal transfer restriction under Rule of 2002 inapplicable to mutual transfer; no costs.
What did the court decide?
Writ petition disposed of with directions: (i) Secretary, WBBPE to consider the petitioners' offline mutual-transfer application strictly per applicable Rules, after ascertaining the counterpart's willingness, within eight weeks of receiving copies of the order and writ petition, and pass appropriate orders; (ii) Chairman, DPSC Howrah and DPSC Murshidabad to immediately communicate whether the petitioners are confirmed deemed or otherwise, the Board not to insist on production of documents; (iii) normal transfer restriction under Rule of 2002 stated not to apply to this mutual transfer; (iv) copies of the writ petition and order to be served on the Board and the concerned District Primary School Council; no order as to costs.