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28th Jan., 2026 In the High Court at Calcutta

Item no.M/L 1230

Court No. 18 Constitutional Writ Jurisdiction

Pradip, A.R.(Ct.)

Appellate Side

Case No. WPA 18525 of 2022

In the matter of :

Mamata Naskar

…. Petitioner

VS.

The State of West Bengal & Ors.

….Respondents

For the Petitioner:

Mr. Sabyasachi Chatterjee

Mr. Omar Faruk Gazi

Mr. Badrul Karim

….Advocates

For the WBCSSC:

Mr. Dr. Sutanu Kumar Patra

Ms. Supriya Dubey

….Advocates

1. The petitioner’s application seeking transfer was returned by the

head of the institution on 25^th February, 2022 with the remarks ‘MC

resolution had adopted to back the application for non joining of new

teachers and heavy roll strength’.

2. The petitioner presses his application for transfer.

3. Reliance has been placed on the judgment delivered by an Hon’ble

Division Bench of this Court on a similar issue on August 8, 2024 in

MAT No. 1218 of 2024 with CAN 1 of 2024 (Gokul Chandra

Mallick Vs. The State of West Bengal & Ors.).

4. The Court was of the opinion that the notification relied upon by the

authority for not disposing of the application for transfer of the

petitioner casts a duty on the District Inspector of Schools to make

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arrangement within a time-bound manner. The court directed the

District Inspector of Schools to consider the application for transfer.

5. By a further order dated July 31, 2025 in FMA No. 995 of 2025 with

CAN 1 of 2025 (Rupak Dhua Vs. The State of West Bengal & Ors.),

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.

The Court was pleased to direct the District Inspector of Schools to

take expeditious steps for filling up the resultant vacancy that might

arise after the candidate’s transfer is allowed.

6. It appears that nearly four years have elapsed from the date the

application of the petitioner seeking transfer stood disallowed by the

head of the institution. There may have been change in the staff

strength of the school in the meantime.

7. In view of the above, the instant writ petition stands disposed of with

the observation that it will be open for the petitioner to make fresh

offline application seeking transfer in the prescribed format

disclosing the ground for the same.

8. In the event such an application is made, the same shall be

considered by the head of the institution in accordance with the

prevailing transfer rules and the law laid down by the Court in the

matters mentioned hereinabove.

9. Steps shall be taken in the matter at the earliest but positively within

a period of eight weeks from the date of receipt of the application

from the petitioner.

10. If the application of the petitioner is allowed, then necessary

consequential steps shall be taken without any further delay.

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11. The fate of the petitioner’s application shall be made known to the

petitioner.

12. Suspension of the Utsashree portal will not stand in the way of the

respondents to consider the application for transfer made by the

petitioner.

13. The writ petition stands disposed of.

14. Urgent photostat certified copy of this order, if applied for, be

supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)