IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

28.08.2025 W.P.A. 17242 of 2025

rkd Ct.18

DM

Tritayee Chowdhury

-vs-

The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri,

Mr. Rajesh Naskar, Mr. Ankan Mondal

….for the petitioner. Mr. Saibal Acharyya, Mr. Debabrata Kole

….for the State.

Mr. Kanak Kiran Bandhopadhyay

….WBCSSC.

1. Affidavit-of-service filed on behalf of the petitioner

is taken on record.

2. Petitioner made an application for transfer on

general ground (distance).

3. It is submitted that transfer application of the

petitioner was not allowed ultimately by the West Bengal Central School Service Commission on 20^th September, 2021 and through portal it was sent back to the concerned District Inspector of Schools (SE) since petitioner was found to be a single

teacher in the subject in the school.

4. Petitioner questions steps taken by the West

Bengal Central School Service Commission in sending her transfer application through portal on

20^th September, 2021 to the concerned District Inspector of Schools (SE).

5. It is submitted that application for transfer was made on 17^th August, 2021. Therefore, petitioner’s application for transfer ought not to be rejected on the ground that petitioner is a single teacher in the subject in the school on 20^th September, 2021 as on the date of preferring application Government notification dated 8^th September, 2021 was not in existence. Petitioner prays for direction to transfer her based on transfer application made on 17^th August, 2021.

6. Learned advocate representing the respondents have opposed this writ petition based on relevant provisions as contained in Government notification dated 8^th September, 2021 as well as subsequent Government notification dated 3^rd January, 2022.

7. It is submitted since petitioner is single teacher in the subject in the school unless alternative arrangement is made by deputing another teacher from neighbouring school petitioner ought not to be transferred.

8. Petitioner made application on portal on 17^th August, 2021 but on processing transfer application it was forwarded to the West Bengal Central School Service Commission for taking final decision on 9^th September, 2021 whereas Government notification was issued on 8^th September, 2021 making certain amendments to the West Bengal School Service Commission (General Transfer, Transfer On Special Grounds and Reallocation) Rules, 2015.

9. Rule 6(2)(c) provides that transfer application made under any other ground under Rule 4(e) can be considered provided it is not found that resultant vacancy of the school in particular subject becomes zero.

10. Since at the time of considering transfer application on 20^th September, 2021 Government notification was already issued on 8^th September, 2021 amending transfer Rules of 2015; on applying Rule 6(2)(c) as contained in said notification dated 8^th September, 2021 transfer application was not allowed.

11. It needs to be taken into consideration that when transfer application of the petitioner was disallowed on 20^th September, 2021 subsequent Government notification dated 3^rd January, 2022 did not see light of the day. Therefore, it was not open to the Commission to give direction upon concerned State authorities to make an endeavour to find out a teacher from neighbouring school to be deputed in the school of the petitioner in order to facilitate petitioner’s transfer.

12. Moreover, it appears that decision was taken by the Commission far back on 20^th September, 2021 whereas present writ petition has been filed after four years on 29^th July, 2025 questioning decision of the Commission dated 20^th September, 2021. There is no plausible explanation of delay of four years in approaching this Court.

13. In view of aforesaid discussion, no relief can be granted to the petitioner at this belated stage.

14. The writ petition stands dismissed.

15. However, there shall be no order as to costs.

16. Urgent photostat certified copy of this order, if applied for, be given t