Transfer applications must be assessed under the rules applicable at the time of the application, irrespective of subsequent amendments.

The petitioner is aggrieved by the arbitrariness on the part of the school in withholding the petitioner’s application for transfer that had been made as far back as on August 28, 2021.

The petitioner is an assistant teacher in Chemistry at Debagram S.A. Vidyapith, (H.S.). The petitioner was recruited thereat on March 14, 2009 upon his name being recommended therefor by the West Bengal School Service Commission, South Eastern Region against a regular vacancy of assistant teacher in Chemistry in the said school. The petitioner has been serving in the said school since the date of the petitioner’s appointment. While in service on or about August 7, 2021, the petitioner made an application for transfer before the respondent school authorities. Such application was returned to the petitioner on August 20, 2021 on the ground that the petitioner was a single teacher of Chemistry in the said school. Upon the petitioner’s application for transfer being so returned to the petitioner, the petitioner applied again on August 28, 2021 for transfer. Such application for transfer has remained pending since then. Being aggrieved by such inaction on the part of the school authorities, the petitioner has approached this court by filing the instant writ petition.

Mr. Chakraborty, learned advocate appearing for the petitioner submits that since the application for transfer had been made by the petitioner on August 28, 2021 at a time when the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 did not contain any embargo on a single teacher in a given subject being transferred from one school to the other, therefore, the petitioner’s application could neither have been returned at the first place nor could have been withheld by the school authorities on any such ground.

Mr. Chakraborty relies on a Single bench judgment of this court in the case of Satyajit Saha vs. State of West Bengal ( WPA 16082 of 2021 ) and two judgments of the Hon’ble Division Bench of this court in the case of Pragya Sarki vs. State of West Bengal (MAT 04 of 2023) and Prapti Chakraborty vs. State of West Bengal ( MAT 205 of 2023 ) to buttress his contention that an application for transfer would have to be considered in the light of the rules prevailing at a time when the application was made. It is submitted that any amendment effected to any rule pertaining to transfer, subsequent to an application for transfer being made, cannot be retrospectively applied to such application for transfer.

Learned advocate appearing for the respondent school authorities has handed up a letter along with a staff pattern with effect from June 23, 2025 and submitted that there is only one teacher in the school for the relevant subject, i.e., Chemistry while there are 142 students in the Science stream for Classes XI-XII. Such report is taken on record.

Learned advocate appearing for the respondent State authorities has handed up the instructions forwarded to him by the District Inspector of Schools (SE), Nadia. The District Inspector of Schools has stated therein that it is not possible to consider the petitioner’s case for transfer favourably in view of the Circular dated January 3, 2022. It also appears therefrom that the respondent school authorities have already forwarded the petitioner’s application to the District Inspector of Schools. It also appears that the school authorities have written a letter dated October 17, 2022, thereby informing the District Inspector of Schools that the school could not arrange any assistant teacher in Chemistry from the local or nearby schools.

Heard learned advocate appearing for the respective parties and considered the materials on record.

From the material on record, it is clear that during pendency of the present writ petition, the school authority has forwarded the petitioner’s application to the District Inspector of Schools but the same is pending at the end of the District Inspector of S