SUCHARITA GHOSH Vs. STATE O WEST BENGAL

JUDGEMENT

(1.) The writ petitioner alleges inaction on the part of the Chairman of the school service commission in that her request for transferring her to a school close to her residence was not considered by the commission.

(2.) She took the examination conducted by the school service commission for selecting candidates for appointment as assistant teacher. She was successful, and according to her merit position, the school service commission by its order dated March 12th, 2005 recommended her to Laudaha K.T.B Institution, Burdwan. By letter dated March 24th, 2005 the school authority offered her appointment. She accepted the offer and joined the school on April 1 st, 2005. Thereafter she submitted a representation dated January 12th, 2006 requesting the school service commission to transfer her to a school close to her residence. She made a further representation dated April 3rd, 2006. Since no attention was given to her representations, alleging inaction she has taken out the present writ petition.

(3.) Counsel submits that although there is no provision casting any obligation on the school service commission to consider the petitioner's request for transferring her to a school close to her residence, in view of the Single Bench decision of this Court in Shelly Jaffri Latif v. State of West Bengal & Ors., reported at (2004)2 Cal LJ (Cal) 26 : (2004)2 WBLR (Cal) 258, the commission was under an obligation to consider the application. He submits that in view of provision in Article 15(3) of the Constitution of India the state was under an obligation to make appropriate legislation for ameliorating the service conditions of women teachers like the petitioner. His argument is that being a woman it is almost impossible on the part of the petitioner to attend the school alter covering a distance of around 105 Km. from her place of residence. He prays For an order directing the commission to give a reasoned decision after considering the application.