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2018 Supreme(Cal) 988

SHEKHAR B.SARAF
Shyamali Mandal – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Ms. Pampa Dey (Dhabal).
For the State : Mr. Susanta Pal, Ms. Sangeeta Roy.

JUDGMENT :

1. The petitioner is aggrieved by inaction on the part of the school authorities in granting the petitioner ‘No Objection’ that is required as per Rule 4(1)(c) read with Rule 6(3) of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 (hereinafter referred to as “the Rules’).

2. On December 7, 2018 I had passed an order directing the writ petitioner to ensure service on the school authorities who had not appeared on that day. Today, Ms. Pampa Dey (Dhabal), learned Counsel appearing on behalf of the petitioner has filed letter dated December 11, 2018 that indicates service on the Advocate appearing on behalf of the School authorities. The same may be kept on record.

3. Ms. Pampa Dey (Dhabal) submits that the writ petitioner is unable to complete the application form for general transfer on special grounds as per Rule 6(3) since she has not obtained ‘No Objection’ from the concerned school that is to be attached with the said form.

4. Ms. Pampa Dey (Dhabal) also submits that by resolution dated July 17, 2018, the school authorities has rejected the prayer of the petitioner without giving any reason whatsoever.

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