15.01.2026 Sl. No.16 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 17225 of 2025 Obaidur Rahaman Versus The State of West Bengal & Ors.

Mr. Sudipta Dasgupta Mr. Sondwip Sutradhar Ms. Suryatapa Das …for the Petitioner. Md. Sarwar Jahan Sk. Nayeemul Hoque Ms. Tapati Sarkar …for the DPSC, Murshidabad.

1. Affidavit-in-opposition filed on behalf of the respondent no.4, the Chairman, District Primary School Council, Murshidabad is taken on record.

2. Learned Advocate for the petitioner seeks not to file any affidavit-in-reply against the affidavit-in-opposition filed by the respondent no.4.

3. By the present writ petition, the petitioner seeks for setting aside and/or cancellation/withdrawal of the order of transfer dated 22nd July, 2025 issued by the Chairman, District Primary School Council, Murshidabad.

4. The petitioner contends that he was initially appointed as an Assistant Teacher in No.29, Ranipur Primary School under Farakka Circle by the District Primary School Council, Murshidabad vide Memo No.3348(02)- GN/01 dated 7^th September, 2005. Subsequently, the petitioner was appointed as a Head Teacher of 57 Muskinagar Primary School under Farakka Circle by the District Primary School Council, Murshidabad vide Memo No.843(27)/3 dated 8th June, 2010. The petitioner joined in the said school on 1st July, 2010 and started discharging his duties as a Head Teacher. By dint of Memo No.1617/15 dated 22^nd July, 2025 the petitioner received transfer order issued by the Chairman, District Primary School Council, Murshidabad. Although the transfer order contains several allegations levelled against the petitioner, however, neither any show-cause nor any disciplinary proceeding was initiated against the petitioner. Further, the transfer order is absolutely without jurisdiction. The Chairman, District Primary School Council, Murshidabad has exceeded its jurisdiction in passing such order of transfer. The Chairman of the District Primary School Council has no power to issue transfer orders unilaterally. It is the Council which has power to decide and transfer a teacher under it. Being aggrieved by such action on the part of the respondent authorities, particularly respondent no.4, the Chairman, District Primary School Council, Murshidabad, the petitioner has preferred the present writ petition seeking for setting aside of the impugned order of transfer.

5. Mr. Sondwip Sutradhar, learned Advocate appearing on behalf of the petitioner submits that the allegations levelled in the order of transfer against the petitioner has never laid to issuance of any show-cause notice or disciplinary proceeding against the petitioner. The Chairman, District Primary School Council, Murshidabad has unilaterally issued the transfer order which ought to have been issued by the Council. Relying on the decision of the Hon’ble Division Bench of this High Court passed in Dipika Bala Biswas – versus- State of West Bengal (MAT 3 of 2022), he submits that the existing Rules authorise only the Council to take a decision with regard to transfer of teacher or head teacher. Furthermore he submits that the District Primary School Council, Murshidabad did not exist on the date when the transfer order was issued. In light of his aforesaid submission, he prays for setting aside of the impugned order of transfer dated 22^nd July, 2025.

6. On the contrary, Mr. Md. Sarwar Jahan, learned Advocate representing the District Primary School Council, Murshidabad, at the very outset, submits that no case has been made out by the petitioner in the writ petition challenging the existence of the District Primary School Council, Murshidabad. He indicates from the impugned order itself that the said order has been passed taking into consideration the allegations received by the Council and that the order would show that the Chairman, District Primary School Council, Murshidabad though has signed the order but the same has been passed by the C