Form No. J(2)

Item No. DL / 3

ARPAN – A.R.(CT)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

(Appellate Side)

W.P.A. NO 19663 OF 2025

BIDHAN CHANDRA ROY

VS.

THE STATE OF WEST BENGAL & OTHERS

BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA

For the Petitioner : Mr. Sakti Pada Jana, Adv.

Mr. Subhajyoti Das, Adv.

Mrs. Sudipta Pramanik, Adv.

For the State : Mr. Supriyo Chattopadhyay, AGP.

Ms. Sayantanee Bhattacharjee, Adv.

For the W.B.C.S.S.C. : Dr. Sutanu Kumar Patra, Adv.

Ms. Supriya Dubey, Adv.

For the W.B.B.S.E. : Ms. Koyeli Bhattacharya, Adv.

Hearing Concluded On : 28.08.2025 Judgment On : 28.08.2025

SAUGATA BHATTACHARYYA, J.:

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. In the writ petition recommendation issued by the Secretary of West Bengal Central School Service Commission (hereinafter referred to as ‘Commission’) vide memo dated 12^th August, 2025 is assailed whereby petitioner being an Assistant Teacher of Chetla Boys’ High School, Kolkata was transferred to Sarsuna High School (H.S.), Kolkata.

3. During course of hearing a copy of the memo issued by the Secretary, West Bengal Board of Secondary Education (hereinafter referred to as ‘Board’) dated 25^th August, 2025 is placed before this Court whereby petitioner was requested to collect transfer order today, 28^th August, 2025 at 12:00 noon. Copy of the memo dated 25^th August, 2025 is taken on record.

4. Mr. Jana, learned advocate representing the petitioner submits that petitioner was appointed as an Assistant Teacher in Work Education and Physical Education group on 1^st December, 1994 by the Managing Committee of the school following the recruitment rules prevalent at the material point of time. It is contended that the West Bengal School Service Commission Act, 1997 (hereinafter referred to as ‘said Act of 1997’) pressed into service on and from 1^st April, 1997 and petitioner was appointed prior to promulgation of the said Act of 1997. Subsequently, amendment was brought in connection with said Act of 1997 and one of such amendments is the West Bengal School Service Commission (Amendment) Act, 2017 incorporating Section 10C which provides in the interest of education and in the interest of public service for administrative reasons State Government may direct the Commission through guidelines or general instructions to make recommendation for placing the service of any teacher including Assistant Headmaster or Assistant Headmistress or any non-teaching staff from one school to another school against any sanctioned post.

5. In this writ petition applying Section 10C of the West Bengal School Service Commission (Amendment) Act, 2017 petitioner was transferred from one school to another. According to the petitioner said Section 10C is not applicable to the petitioner as he was appointed prior to promulgation of said Act of 1997 that is, on 1^st December, 1994. In support of such contention reliance is placed on the judgment of the Hon’ble Division Bench delivered on a batch of matters on 27^th July, 2023, first one being WPA 13628 of 2018 (Rabin Tudu vs. State of West Bengal & Ors.) specially observations made in paragraphs 80 and 86. Reliance is also placed on Sections 9 and 10 of said Act of 1997.

6. According to the petitioner taking note of the provisions of Sections 9 and

10 of said Act of 1997 and the interpretations attributed by the Hon’ble Division Bench in Rabin Tudu (supra), teachers who were appointed prior to promulgation of the said Act of 1997 are not coming under the purview of Section 10C which was incorporated vide West Bengal School Service Commission (Amendment) Act, 2017.

7. State respondents, West Bengal Central School Service Commission and West Bengal Board of Secondary Education are represented by learned advocates who have made submissions to defend the recommendation made by the Secretary of the Commission dated 12^th August, 2025 for transfer of the petitioner from one school to another applying Section 10C. It has been