Calcutta High Court (Appellete Side)
Tapan Kumar Patra vs The State Of W. B. & Ors on 10 March, 2022
Form No. J(2)
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Abhijit Gangopadhyay
WPA 18647 of 2021
Tapan Kumar Patra
-versus-
The State of W. B. & Ors.
For the petitioner : Mr. Shamim-ul Bari
Miss Molly Saha
For the State
: Mr. Anirban Ray
Mr. B. P. Vaisya
Mr. Supriyo Chattopadhyay
Mr. M. K. Biswas
For W. B. B. S. E. : Ms. Koyeli Bhattacharya
Heard On : 02.02.2022, 24.02.2022,
02.03.2022 & 09.03.2022
Judgment On : 10.03.2022
Abhijit Gangopadhyay, J.:
1.
This is a case filed by the petitioner for transfer to some other school
nearer to his residence.
2. In this matter a report of the Commissioner of School Education, W. B.
has been filed wherein it has been stated that nearer to the residence of the
petitioner only one school, namely, Chuadanga High School is closest
institution at present. The petitioner cannot be accommodated in Colonelgola
Sri Narayan Vidyabhaban Boys's High School (HS) as there was no vacancy in
the subject Mathematics (Hons.)P.G. in the said school since 21.09.2021.
3. The background of the case is that the petitioner prayed for transfer on
medical ground for which the School Service Commission wanted to know the
name of schools within the jurisdiction of the concerned District Inspector of
Schools and the said District Inspector of Schools by his letter dated
12.11.2020 intimated the Commission that there was a vacancy in the subject
in Colonelgola Sri Narayan Vidyabhaban Boys's High School (HS). The
petitioner wanted his transfer to this school.
4. By such naming of the school, the petitioner has not been bestowed
with any right in respect of the vacancy in the said school. No authority said
that the petitioner would be transferred to Colonegola School. A mere
communication between two authorities, when there is no positive act on the
part of any of the authorities in favour of the petitioner that the petitioner
would be transferred to the school named by one authority, cannot create any
right in favour of the person seeking transfer. For creation of right in favour of
a party a clear unequivocal positive act is to be done by one party in favour of
the other. Here, in this case no such clear, unequivocal, positive act of any of
the authorities is found in favour of the petitioner.
5. This writ application was filed on 7th October, 2021 when the system of
Utsasree Portal was in vogue for transfer of teachers. Therefore, there cannot
be any parallel system for transfer of teachers which will be run by this court
even if a school was named by the District Inspector of Schools to the School
Service Commission.
6. As no right has been created in favour of the petitioner by naming of
the said school by the concerned District Inspector of Schools and as the
petitioner is not willing to get his transfer to Chuadanga High School as given
in the report of the commissioner of the School Education after hearing the
parties, I do not find any merit in this writ application for adjudication and
the writ application is dismissed.
7. Mr. Chattopadhyay, learned advocate for the State has indicated that
the vacancy in Colonelgola Sri Narayan Vidyabhaban Boys's High School (HS)
was filled up even before filing of the writ application. The vacancy was filled
up on 17th September, 2021 and the writ application was filed on 7 th October,
2021.
However, the petitioner shall have the liberty for taking the benefit of
Utsasree Portal.
No costs.
(Abhijit Gangopadhyay, J.)
