Statutory authorities must act within the limits defined by law, and procedural riders that are not explicitly stated in regulations cannot be imposed.

The present appeal has been preferred challenging an order dated 28^th November, 2024 passed by the learned single Judge in the writ petition, being WPA 27600 of 2024.

As we have invited the learned advocates appearing for the respective parties to advance their arguments on merits of the matter, the delay in filing the present appeal is condoned and the application under Section 5 of the Limitation of Act, being IA No.:

CAN 2 of 2025, is disposed of.

Records reveal that the appellant’s claim for transfer was not considered since she was the single Work Education teacher in Delugram Mankur Bakshi Girls’ High School. Aggrieved thereby, the appellant preferred the writ petition. Upon contested hearing, the said writ petition was disposed of by the order impugned observing inter alia as follows:

‘Having considered the submissions made on behalf of the parties writ petition stands disposed of directing the respondent no. 5 to make an endeavour to find out willing teacher of neighbouring school who can man the post of the petitioner temporarily till regular incumbent joins the post. If willing teacher is available and if it is found by the respondent no. 5 that the issue relating to the transfer of the petitioner is a “fit case” in terms of notification dated 3^rd January, 2022 transfer order shall be passed in favour of the petitioner’.

Mr. Lahiri, learned advocate appearing for the appellant submits that the notification dated 3^rd January, 2022 casts a duty upon the District Inspector of Schools (SE) [hereinafter referred to as the DI(SE)] to take urgent step in a time-bound manner to search for a teacher on the same subject from nearby and make local arrangement so that the teacher of the other school attends the school wherefrom the teachers has applied for transfer on days of the week on a temporary basis till such time a permanent teacher subject joins.

He argues that it is a fundamental principle that a statutory authority can act only in the manner he is permitted by the statutes. There is no provision in the notification dated 3^rd January, 2022 to invite any option or choice of any other teacher to volunteer in rendering service to a school from which the appellant seeks transfer. As such, the learned single Judge erred in law in incorporating a rider to the effect that the DI(SE) has ‘to make an endeavour to find out willing teacher of neighbouring school who can man the post of the petitioner temporarily till regular incumbent joins the post’. Such argument, as urged, was glossed over by the learned single Judge and no finding was returned on the same. Reliance has been placed upon a judgment of a co-ordinate Bench of this Court delivered in the case of Gokul Chandra Mallick Vs. The State of West Bengal & Others [MAT

1218 of 2024].

Mr. Arefin, learned advocate appearing for the State/respondents submits that the learned single Judge has directed consideration of the appellant’s claim in the light of the notification dated 3^rd January, 2022 and there is no infirmity in the order impugned.

Mr. Mitra, learned advocate appearing for the Commission submits that no allegation has been levelled against the Commission in the writ petition.

We have heard the learned advocates appearing for the respective parties and considered the materials on record.

The West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 [hereinafter referred to as the 2015 Rules] were amended from time to time and the last amendment was effected vide memo dated 3^rd January, 2022. The operative part of the said memo runs as follows:

“In that event a single subject teacher makes application for transfer, the SMC will not reject the application and inform the DI (SE) about such application. The DI (SE) will immediately discuss the matter with the CSE in the DI (SE) will take urgent step in time bound manner to search for a teacher on the same subject from nearby and make local arrangement so that the teacher of t