KOYEL DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Elaborate arguments were advanced at the behest of the appellant on the interpretation of the statutory provisions applicable in relation to a transfer and the manner of processing and taking decision in the application. The application for transfer filed by the petitioner is rejected by a competent authority on the ground that the Headmaster of the Institution cannot send the application in excess of an outer cap provided in the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 (hereinafter referred as 'the said Rules).

(2.) Since the fact, as unfurled, is undisputed that an application for transfer filed by the appellant is rejected by the authority on the ground that it exceeds the outer limit set forth in sub-Rule (6) of Rule 5 of the said Rules, the Trial Court proceeded to dismiss the writ-petition filed by the appellant, assailing the said decision of the authority in rejecting an application for transfer, solely on the ground that the moment the 'Utsashree' portal has been suspended, no relief can be granted to the appellant.

(3.) At the first blush, we were convinced that mere suspension of the portal does not foreclose the right of the applicant emanating from a statutory provision as the portal was introduced in order to facilitate the applications by providing a means of access. However, at the time of argument, attention of this Court is drawn to the fact that the application for transfer has been rejected as it exceeds the outer cap and the note of caution was also given to the School Management/Headmaster not to send the application in lock, stock and barrel but must follow the limit set up in the statutory Rules.