Anwesha Mondal vs The State Of West Bengal & Ors
2023 Latest Caselaw 234 Cal

 11     09.01           IN THE HIGH COURT AT CALCUTTA
Ct No
 22
        2023              Constitutional Writ Jurisdiction
AGM
                                  Appellate Side

                                   WPA 18894 of 2022

                                    Anwesha Mondal
                                          Versus
                             The State of West Bengal & Ors


                Mr. Subhrangsu Panda,          ... For the petitioner.

                Mr. Arindam Chattopadhyay,
                Ms. Lipika Chattopadhyay,
                                                ... For the State.

                Mr. Kanak Kiron Bandopadhyay,       ... For the WBSSC.


                      The affidavit-of-service filed in Court today is taken

                on record.

                      The petitioner seeks to transfer from one school to

                another school.

                      Page 45 and 46 to the writ petition, would

                demonstrate that the petitioner previously applied for

                transfer first on August 11, 2021, which was rejected on

                August 25, 2021 by the head of the institution of the

                relevant school on the ground of single teacher. The

                second application was submitted by the writ petitioner

                on August, 25, 2021, which was again rejected by the

                head of the institution on the same ground on August 31,

                2021. The writ petitioner then submitted his third

                application on September 25, 2021, which had travelled

                upto the level of West Bengal Central School Service

                Commission and was rejected and returned to the
                          2




District Inspection of School on the same ground. The

said third application was returned to the petitioner by

the head of the institution of the relevant school on

November 17, 2021. The writ petitioner then submitted

his fourth application on February 6, 2022, which was

returned back to the applicant by the head of the

institution on February 7, 2023 on the ground of lack of

documents.

       The writ petitioner challenged the rejection of the

said third application and contended that the District

Inspector of School had failed to take step and act in

terms of the Government Memo bearing No. 66 (25) -

CSE/2021       dated     September       22,   2021.    The     said

challenge was made against the third rejection through

this   writ   petition       during   pendency   of    the    fourth

application submitted by the petitioner.

       The petitioner first on the next day shall satisfy the

Court as to whether this writ petition is maintainable

since the fourth application for transfer was filed before

the said writ petition was filed. Whether the petitioner had

waived his right to challenge and accepted the said third

rejection after he filed the fourth application for transfer.

       Mr. Subhrangsu Panda, learned advocate appearing

for the petitioner commenced his submission and then

submitted that to assist this Court, he needs to rely upon

certain judgments for which he has prayed for some

accommodations on the maintainability of the instant writ
                       3




petition.

       Mr. Kanak Kiron Bandopadhyay, learned advocate

for the WBSSC appears the respondent nos 4, 5 and 6.

Mr. Arindam Chattopadhyay, appears for the respondent

nos 1,2,3,8,9 and 10.

Considering the above, for the ends of justice, the

writ petition shall appear once again for further

consideration under the heading "Motion (Transfer

Matter)" on January 30, 2023.

( Aniruddha Roy, J.)