RATHIN DHALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is hearing of a writ petition upon affidavits.

(2.) The writ petitioner was appointed as an Assistant Teacher for Pure Science Pass Category on or about September 23, 2008 at Baniapara Chowrasta High School (XII) (for short, the School). The petitioner has been still working as such at the said school. The appointment of the petitioner was approved by the jurisdictional District Inspector of School (for short, D.I.) on September 27, 2008.

(3.) On the ground of distance travelling from the permanent residence of the petitioner at the said school, on August 13, 2021 the petitioner For the First Time applied for transfer at a nearer school through "Utsashree Portal". The transfer application was transmitted by the Head of the Institution to the D.I.. On August 24, 2021 the D.I. rejected the transfer and returned the application to the head of the institution on the ground of 10% of the total strength would not be there at the relevant school. For the Second Time on September 3, 2021 the petitioner once again applied on the same ground of distance travelling. The said second application of the petitioner was again rejected by the D.I. on the same ground of 10% strength will not be there in the event of petitioner's transfer. Third Time the petitioner applied for transfer on April 5, 2022 on health ground, i.e., medical ground. The State authority examined the application through its appropriate medical authority and ultimately the fitness certificate was issued by the appropriate medical authority of the State dated May 27, 2022 rejecting the said third application of the petitioner. The Certificate of Fitness is at pages 10 and 11 to the affidavit in opposition. The petitioner submitted a representation/complaint dated August 26, 2021 at page-61 to the writ petition before the D.I., the same has not been considered. The petitioner is aggrieved.