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Judgment
Tapabrata Chakraborty, J
The present writ petition has been preferred challenging inter alia a notification dated 17th January, 2020 issued by the respondent no.2 transferring the
petitioner from Karimpur Pannadevi College, Nadia to Vidyasagar Mahavidyalaya, Hooghly.
Mr. Datta, learned advocate appearing for the petitioner submits that by the impugned notification, the petitioner has been sought to be transferred
incorporating only a clause to the effect that such transfer is in public interest. The West Bengal Universities and Colleges (Administration and
Regulation) Act, 2017 is prospective in nature and the same cannot disturb the terms of appointment of the petitioner, who had been appointed in 1997.
The said order has also not been issued by the appointing authority of the petitioner and as such, the same is without jurisdiction.
Drawing the attention of this Court to the averments made in paragraph 31 of the writ petition, Mr. Datta submits that in a writ petition being W.P.
No.7724 (W) of 2019, the vires of the Act of 2017 was challenged and in the said matter, an assurance was given by the learned advocate appearing
for the State that before disposal of the writ petition no steps shall be taken in terms of Section 11(2) of the Act of 2017.
Mr. Datta, learned Additional Government Pleader appearing for the State submits that the order of transfer has been issued in public interest and the
decision does not suffer from any infirmity warranting interference. The order passed in W.P. No.7724 (W) of 2019 has no manner of application in
the present case.
Mr. Chaudhuri, learned advocate appearing for the respondent no.5 adopts the submission of Mr. Datta.
Mr. Ghosh, learned advocate appearing for the college submits that after issuance of the impugned notification, a release order has been issued.
Mr. Singha Roy, learned advocate appearing for the respondent no.8 submits that a letter of appointment has been issued to the petitioner on 19th
February, 2020 and as such, at the stage, no interference is called for.
In reply, Mr. Datta submits that the petitioner is on leave and the release order has not yet been personally served upon him. His leave application
submitted on 4th February, 2020 was rejected on the self-same date.
Similar issue came up for consideration before this Court in another writ petition being W.P. No.20178 (W) of 2019 wherein, an interim protection has
been granted and the said matter has been fixed for final hearing on 18th March, 2020.
Prima facie, an arguable case has been made out by the petitioner and it appears that the authorities have proceeded in hot haste and the impugned
notification does not reveal any pressing necessity for transfer of the petitioner.
In view thereof, there shall be an interim order restraining the respondents from giving effect or further effect to the impugned notification dated 17th
January, 2020 issued by the respondent no.2 and from releasing the petitioner from the HRMS of Karimpur Pannadevi College till the end of March,
2020 or until further orders, whichever is earlier.
As on 18th March, 2020 similar matters have been fixed for hearing, list this matter for further consideration in the daily supplementary list of this
Court on 18th March, 2020.
The parties would be at liberty to exchange their affidavits in the meantime.
Let a photostat plain copy of this order duly countersigned by the Assistant Registrar (Court) be handed over to the parties on usual undertakings.