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19-12-2025

IN THE HIGH COURT AT CALCUTTA

Item No.27

Subrata Circuit Bench at Jalpaiguri

Bhattacharyya

Constitutional Writ Jurisdiction

AR(C)

Appellate Side

WPA No.2515 of 2025

Roshni Chettri

-vs-

The State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri

Mr. Debajit Kundu …for the petitioner

Mr. Hirak Barman

Mr. Bikash Singha …for the State

Mr. Sunit Kumar Roy …for the Commission

1. The petitioner’s prayer seeking transfer stood

rejected on the grounds that she is a single

subject teacher.

2. The petitioner relies on the notification of the

School Education Department, Secondary

Branch, being No.09-SE dated January 3, 2022

published in the Kolkata Gazette Extraordinary

saying that in the event a single subject teacher

makes application for transfer, the school

managing committee will not reject the

application but will inform the District Inspector

of Schools (SE) about such application. The DI of

Schools is required to make local arrangement.

3. As per the notification dated January 3, 2022, the

DI of Schools was supposed to take urgent steps

in a time-bound manner to search for a teacher

on the same subject from nearby and make local

arrangement till a permanent teacher joins the

subject.

4. In the instant case, the DI of Schools sought for

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explanation from the head of the institution as to

how arrangement of teaching staff will be

managed by the school, if the petitioner is

permitted to be transferred.

5. It appears that the DI of Schools failed to act in

accordance with the notification dated January 3,

2022 mentioned hereinabove.

6. In support of the submission that the prayer of the

petitioner for transfer should be allowed, the

petitioner relies on the order dated November 3,

2025 passed by this Court in WPA No.21342 of

2025 (Amitava Pal –vs- The State of West Bengal

& Ors.) wherein the Court took note of the order

dated July 31, 2025 passed by the Hon’ble

Division Bench in FMA No.995 of 2022 with CAN

No.1 of 2025 (Rupak Dhua –vs- The State of West

Bengal & Ors.) wherein the Hon’ble Division

Bench was pleased to observe that the claim for

transfer cannot be kept in abeyance till a willing

teacher is found.

7. Relying on the direction passed by the Hon’ble

Division Bench in Rupak Dhua (supra), the

instant writ petition is disposed of by directing

the head of the institution to forward the

application of the petitioner to the DI of Schools,

Jalpaiguri once again for consideration in the

light of the notification dated January 3, 2022.

8. The application for transfer of the petitioner

cannot be left undecided irrespective of the fact

whether any alternative arrangement can be

made or not. The resultant vacancy on the

transfer of the petitioner shall be filled up in the

manner as directed by the Hon’ble Division Bench

in Rupak Dhua (supra).

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9. Steps shall be taken in the matter at the earliest,

but positively within a period of ninety days from

the date of communication of this order.

10. The writ petition is disposed of.

11. All parties are to act on the server copy of this

order duly downloaded from the official website of

this Court.

12. Certified copy of this order, if applied for, shall be

made available to the parties.

[Amrita Sinha, J