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2025 DAILYLAW 6977 (CAL)

UTPAL KUMAR RAY AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/1804/2025 · 2025-04-21

Saugata Bhattacharyya

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

64. 64. (DL) (DL) 21.04.2025 21.04.2025 Ct. No. 18 (ARPAN) W.P.A. 1804 OF 2025 Utpal Kumar Ray & Another Vs. The State of West Bengal & Others Mr. Suman Dey, Adv. …for Petitioners Mr. Mrinal Kanti Ghosh, Adv. Mr. Murari Chakraborty, Adv. …for the State Mr. Sunit Kumar Roy, Adv. …for W.B.C.S.S.C Ms. Koyeli Bhattacharyya, Adv. Mr. Bibek Dutta, Adv. Ms. Keya Panja, Adv. …for W.B.B.S.E In terms of the order dated 4th April, 2025, report is filed by the District Inspector of Schools (S.E.), Purba Medinipur dated 21st April, 2025 and same is taken on record. On perusal of report, it appears Headmaster of Mandar High School (H.S.), Purba Medinipur (hereinafter referred to as ‘said school’) has sent a letter to the District Inspector of Schools (S.E.), Purba Medinipur being respondent no.4 informing that Managing Committee of the said school has taken a resolution not to issue ‘No Objection’ certificate in favour of petitioner no.1 since that would jeopardize teaching learning process and smooth running of the school. In the same breath, it is also stated in the letter dated 17th April, 2025 that if higher authority directs the said school authority to issue ‘No Objection’ certificate to petitioner no.1 for mutual transfer, in 2 that event said school authority will follow the order/ direction. Objection which is raised on behalf of the said school authority as emanates from the letter dated 17th April, 2025 is found to be not tenable since it is not a transfer of the petitioners from one school to another rather transfer application has been made by both the petitioners on mutual ground meaning thereby if petitioner no.1 is permitted to take transfer from said school to another school, in that event petitioner no.2 will join the post of petitioner no.1 in the said school. Therefore, the concern which has been expressed by the said school authority vide letter dated 17th April, 2025 that teaching learning process and smooth running of the school will be hampered has no basis. Hence, Headmaster of Mandar High School (H.S.), Purba Medinipur being respondent no.11 is directed to issue ‘No Objection’ certificate in favour of petitioner no.1 by ten (10) days from the date of communication of this order. On receipt of ‘No Objection’ certificate, petitioners shall be at liberty to take steps, in accordance with law, for mutual transfer. With the above direction, writ petition stands disposed of. 3 Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)