Jyotirmoy Sharangi and Anr. Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

Jyotirmoy Sharangi and Anr. Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: Secretary, WBBPE to consider the offline mutual transfer application within eight weeks in accordance with applicable Rules; Board not to insist on production of confirmation documents, DPSCs to communicate confirmation status; copy of writ petition and order to be served on the Board and concerned District Primary School Council; no order as to costs.

Issue for consideration

Whether the Secretary, West Bengal Board of Primary Education should consider the petitioners' offline application for mutual transfer strictly in accordance with applicable Rules, after ascertaining the willingness of the counterpart. +2 more

Court's answer

The Secretary, West Bengal Board of Primary Education is to consider the petitioners' application offline for mutual transfer strictly in accordance with applicable Rules, particularly after ascertaining the willingness of the counterpart, within eight weeks from receipt of a copy of the order along with a copy of the writ petition, and pass appropriate orders.

Ratio / Principle

The normal restriction of transfer under the Rule of 2002 does not apply to mutual transfer in the case of the petitioners.

Key takeaways

The Board shall not insist on the petitioners producing documents regarding their confirmation status; instead, at the request of the Board, the Chairman, DPSC, Howrah and DPSC, Paschim Medinipur shall immediately communicate whether the petitioners are confirmed, deemed confirmed or otherwise.ratio¶16

Detailed headnote1 paragraphs

Primary school teachers' writ petition seeking consideration of an application for mutual transfer: HELD, the Secretary, West Bengal Board of Primary Education was directed to consider the petitioners' application offline for mutual transfer strictly in accordance with applicable Rules, particularly after ascertaining the willingness of the counterpart, within eight weeks of receipt of a copy of the order and writ petition; the normal restriction of transfer under the Rule of 2002 does not apply to mutual transfer; the Board was restrained from insisting on production of documents regarding the petitioners' confirmation status, the Chairman, DPSC, Howrah and DPSC, Paschim Medinipur being directed to communicate the same; writ petition disposed of, no order as to costs.

18.06.2024 Court No. 13 Item No. 17 ap

WPA 14994 of 2024

Jyotirmoy Sharangi and Anr. Versus The State of West Bengal & Ors.

Mr. Santanu Maji,

Mr. Subhayu Das.

…For the petitioners.

Mr. Kaushik Chowdhury.

…For the WBBPE.

Mr. Ratul Biswas,

…For the DPSC, Howrah.

Affidavit-of-service filed in Court today be taken on record.

The petitioner no.1, working with the Milkichak Primary School under Sirajbati Circle at Howrah, has applied for mutual transfer with one Shuvajit Bhandari, Assistant Teacher of Sovapur Primary School under Sadar West Circle at Paschim Medinipur to the Secretary of the West Bengal Board of Primary Education on 20^th May, 2024.

In those circumstances, the Secretary, West Bengal Board of Primary Education may consider the petitioners’ application offline for mutual transfer strictly in accordance with applicable Rules and particularly after ascertaining the willingness of the counterpart within a period of eight weeks from date of

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receipt of a copy of this order along with a copy of the writ petition and pass appropriate orders thereof.

At the request of the Board, the Chairman, DPSC, Howrah and DPSC, Paschim Medinipur shall immediately communicate as to whether the petitioners are confirmed deemed or otherwise. The Board shall not insist on the petitioners to produce any documents in respect of the same. Normal restriction of transfer under Rule of 2002 does not apply to mutual transfer in case of the petitioners.

With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

Let a copy of the writ petition along with a copy of this order be served on the Board as well as concerned District Primary School Council.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )