Shampa Sarkar, J. - (1.) Aggrieved by and dissatisfied with the judgment and order dated December 19, 2016 passed by a learned Judge of this Court in W.P. 27952 (W) of 2016 (Himani Parya Vs. State of West Bengal and ors.) (hereinafter referred to as the writ petition), this intra-court writ appeal has been filed by the appellant (hereinafter referred to as the writ petitioner).
(2.) The case of the writ petitioner in the writ petition was as follows:- a. Pursuant to the 9th Regional Level Selection Test held in 2008, for recruitment to the post of Headmaster/Headmistress, the writ petitioner was recommended for being appointed as the Headmistress of Jharboni Saradamoni Balika Vidyalaya (hereinafter referred to as "the said vidyalaya"). An appointment letter was issued to her on August 14, 2009 and she joined the said vidyalaya on September 10, 2009 as the Headmistress. On or about October 27, 2009, her appointment as the Headmistress of the said vidyalaya was formally approved by the District Inspector of Schools (Secondary Education), Paschim Medinipur (hereinafter referred to as the school inspector). b. As the distance of the said vidyalaya from her residence was about 52 kilometres and she had to undertake a journey of about 104 kilometres by public transport daily, the writ petitioner was facing a lot of inconvenience. Further, being 48 years of age, she suffered from frozen shoulder and other gynaecological problems and had undergone a surgical operation in the year 2014. That apart, she had old parents and parents-inlaw to look after. Unless she was transferred to a school close to her matrimonial home, it was difficult for her to discharge her duties as Headmistress and at the same time look after her ailing parents and in-laws. c. Finding no other way, the writ petitioner submitted an application on or about July 19, 2016 praying for General Transfer on Special Grounds under Rule 4 of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Re-allocation) Rules, 2015 (hereinafter referred to as "the said Rules"). Midnapore Collegiate School (hereinafter referred to as "the collegiate school") was the school of choice where the writ petitioner opted for transfer. The managing committee of the said vidyalaya consented to the transfer sought for by the writ petitioner by a resolution dated August 22, 2016 and forwarded the same to the school inspector for transferring her, on August 26, 2016. The school inspector forwarded the writ petitioner's case to the Secretary of the School Education Department, Government of West Bengal on August 30, 2016 observing that she deserved General Transfer on Special Grounds. The School Education Department, Government of West Bengal also recommended her case for transfer. The school inspector was asked by a letter dated November 25, 2016 of the Secretary, West Bengal School Service Commission (hereinafter referred to as "the School Commission") to furnish necessary information about the available vacancy for her transfer. As no formal order of transfer was issued, she visited the office of the respondent authorities, when she was informed that the file containing her papers was lost and that she had failed to produce the "no-objection certificate" issued by the managing committee of the said vidyalaya. Then, she visited the office of the School Commission on November 25, 2016, when she was informed that the file containing the documents relating to her transfer was not lying in the office of the said authority. Then she visited the office of the school inspector on November 28, 2016 along with a memo dated November 25, 2016 by which she was instructed by the Secretary of the School Commission to meet the school inspector. Suddenly, she came across a copy of memo no. 992 dated November 21, 2016 issued by the Chairman of the School Commission, recommending the respondent no. 10 for transfer to the said school, that is, the school to which she had opted for transfer. According to the writ petitioner, despite the respondent no. 10 having applied for transfer much after her case was recommended, she was deprived and the respondent no. 10 considered and recommended for appointment as Headmaster of the said school.
(3.) The writ petition was filed, inter alia, for setting aside the abovementioned memo no. 992 dated November 21, 2016 issued by the Chairman of the School Commission and for issuance of an order of transfer of the writ petitioner from the said vidyalaya to the said school.;