Mahuya Dey vs State Of West Bengal & Ors
2021 Latest Caselaw 5891 Cal

30.11.2021
Sl. 83              (Via Video Conference)
Ct.No. 17
Amalranjan
             IN THE HIGH COURT AT CALCUTTA
              CIVIL APPELLATE JURISDICTION
                     APPELLATE SIDE

                     WPA 17101 of 2021

                         Mahuya Dey
                             Vs.
                 State of West Bengal & Ors.


             Mr. Firdous Samim
             Mr. Gopa Biswas
                                         ...for the petitioner
             Dr. Chapalesh Bandyopadhyay
             Ms. Gargy Basu
             Ms. Anandamayee Dutta
                                  ...for the respondent no. 3

Dr. Sutanu Kr. Patra Ms. Supriya Dubey ...for the SSC Mr. Tapan Kr. Mukherjee Ms. Tuli Sinha ...for the State

The petitioner is a school teacher, who is

working in the school since 2009. She is a lady

having some ailments and in this regard certain

documents have been annexed to the writ

application.

The petitioner's grievance is that despite

prayer for issuing no objection certificate for

transfer from one school to another school, the

secretary of the managing committee of the

concerned school being the respondent nos. 5,6

and 7 have not yet taken any decision against

that prayer of the petitioner.

From a copy of the resolution of the school

managing committee dated 3rd April, 2017 it

appears that the school decided to consider one

such application of the petitioner, but the

managing committee did not disclose anything to

the petitioner. Subsequently, the petitioner filed

one application for transfer to the teacher-in-

charge of the school on 2nd September, 2021 and

in this respect, she made another representation

earlier on 9th October, 2018 before the secretary

of the managing committee, but the committee

has not decided anything till date.

Today the petitioner's grievance is that no

'no objection' certificate has been issued to her

and therefore, she is not being able to take

further steps for her transfer. She has enclosed

an application for general transfer which is

annexed at page 61 and 62 of the writ

application.

I direct the school authority to issue no

objection certificate to the petitioner within a

period of 2 weeks from the date of

communication of this order. I find that despite

service upon the teacher-in-charge of the school,

no body has appeared today.

The matter is adjoined till 14th December,

2021 when the school shall appear before this

court with a report as to the issue no objection

certificate to the petitioner.

The petitioner is directed to communicate a

copy of this order upon the teacher-in-charge of

the concerned school and also the secretary of

the managing committee of the school.

A copy of the judgment passed by this court

on 23rd August, 2021 in WPA 17159 of 2019

(Aparna Munshi Vs. State of West Bengal & Ors.)

has been produced in court today by the

petitioner is kept on record for future reference.

( Abhijit Gangopadhyay,J. )