Statutory authorities must act within defined limits, and regulations do not permit delaying transfers due to non-availability of volunteers for temporary positions.

The present appeal has been preferred challenging an order dated 12^th February, 2025 passed by the learned single Judge in the writ petition, being WPA 1217 of 2025.

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 as the appellant’s claim for transfer was not considered since she was the single Assistant Teacher of Geography in Social Science Group at Kalyangarh Bidhan Chandra Bidyapith, she preferred a writ petition being WPA 23500 of 2024 which was disposed of by an order dated 30^th September, 2024 directing the District Inspector of Schools (SE), North 24 Parganas [hereinafter referred to as the DI(SE)] to consider her claim. Pursuant thereto, the DI(SE) passed an order on 2^nd December, 2024 stating inter alia that no willing teacher had been found to man the post of the appellant after her transfer. 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:

‘Since steps have already been taken by respondent no. 4, no further order need be passed on this writ petition excepting a direction upon he respondent no. 4 to continue to make endeavor to find out willing teacher and in the event such teacher is made available steps shall be taken in accordance with law for transferring the petitioner upon making local arrangement in petitioner’s school’.

Mr. Lahiri, learned advocate appearing for the appellant submits that the notification dated 3^rd January, 2022 casts a duty upon 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 not interfering with the order dated 2^nd December, 2024 passed by the DI(SE) expressing his inability to consider the appellant’s prayer due to non- availability of a willing teacher for local arrangement. 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. Biswabrata Basu Mallick, learned A.G.P.

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 applicatio