JUDGMENT :

Bivas Pattanayak, J.

1. These matters are appearing in the list under the heading 'For Orders'.

2. Since the subject matter of the aforementioned writ petitions are similar in nature, these writ petitions were heard analogously.

3. For better appreciation the necessary facts are enumerated as follows.

(i) The petitioner, Munna Kundu, in WPA 23024 of 2024, previously filed a writ petition being WPA 25110 of 2023 seeking for inter-district transfer on the ground of distance. The aforesaid writ petition was disposed of on 28^th February 2024 as follows.

“In the above circumstances, West Bengal Board of Primary Education after receiving an appropriate report from the District Primary School Council, South 24 Parganas and District Primary School Council, Bankura and subject to availability shall consider the petitioner's application in accordance with law and dispose of the same within a period of two months from date mandatorily and positively.”

Pursuant to such order, Secretary, West Bengal Board of Primary Education rejected the prayer of the petitioner on 21^st August 2024 with the following observation.

“ 5.….. As per Rule 4 Clause (b) of the West Bengal Board of Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002 as amended vide Notification No. 1072-SE/EE/10M-45/2021 dated 13/09/2021 wherein it states that 'on an application from a teacher, transfer approved teacher within its jurisdiction from one primary school to another primary school on the condition that such approved teacher, in case of mutual transfer, is confirmed and in case of single transfer, is confirmed and has completed minimum five years of continuous service'. Thus, it is seen that in case of single transfer the confirmation of service is mandatory and the teacher has to be completed minimum five years of service. At the time of hearing, the petitioner could not submit the confirmation letter of her service and she has not completed 5 years of service, which was pointed out and discussed with the petitioner at the time of hearing.

6. Having considered the facts as above, the prayer of the petitioner for single transfer is not considered as the petitioner did not fulfil the eligibility criteria as stipulated in Rule 4(b) of the West Bengal Primary Education (Transfer of Teachers and Head Teacher) Rules, 2002. Consequently, no relief can be granted to the petitioner.

(ii) The petitioner, Rekharani Mahato, in WPA 23917 of 2024, previously filed a writ petition being WPA 25980 of 2023 seeking for inter-district transfer on the ground of distance. The aforesaid writ petition was dismissed on 28th February 2024. Challenging the said order the aforementioned petitioner filed an appeal being MAT 607 of 2024.

(iii) The petitioner, Alka Mahato, in WPA 23967 of 2024, previously filed a writ petition being WPA 25979 of 2023 seeking for inter-district transfer on the ground of distance. The aforesaid writ petition was dismissed on 28^th February 2024. Challenging the said order the aforementioned petitioner filed an appeal being MAT 608 of 2024.

(iv) Both the appeals being MAT 607 of 2024 and MAT 608 of 2024 were disposed of on 13th May 2024 with similar direction as follows.

“In view of such submission, the appeal and its connected application are disposed of granting liberty to the appellant to submit a fresh representation annexing all the documents in support of contention to the Secretary, West Bengal Board of Primary Education within a period of two weeks. If such representation is made within the time, as specified, the Secretary shall consider the same in accordance with law and communicate the decision to the appellant within a period of four weeks from date of receipt of the representation.”

Pursuant thereto, both the appellants submitted their respective representations before the authority concerned. The representation of Rekharani Mahato was disposed of by the Secretary, West Bengal Board of Primary Education on 2^nd September 2024 as follow