IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present:

The Hon’ble Justice Saugata Bhattacharyya W.P.A 6800 of 2025 With CAN 1 of 2025, CAN 2 of 2025 Bajid Hossain Versus The State of West Bengal & Ors.

For the Petitioner : Mr. Sunit Kumar Roy Sk. Nayeemul Haque For the State : Mr. Biswabrata Basu Mallick, Ld.A.G.P, Mr. Suman Dey Mr. Kartick Chandra Kapas, For the Madrasah Service : Mr. Pratik Dhar, Senior Advocate, Commission Mr. Prosenjit Mukherjee Ms. Madhurima Sarkar For the Madrasah Board : Mr. Nadeem Sulaiman : Mr. Uday Sankar Chattopadhyay For the applicants in CAN 1 of Ms. Aiswarya Datta

2025 and CAN 2 of 2025 Heard on : 24.04.2025 Judgment on : 24.04.2025 Saugata Bhattacharyya, J. :

1. Writ petition is heard at length in presence of the learned Advocates representing the petitioner, West Bengal Madrasah Service Commission, State respondents. Two applications have been filed being CAN 1 of 2025 filed by two Assistant Teachers of Dhuliyan High Madrasah (H.S), Murshidabad (hereinafter referred to as the said Madrasah) and another being CAN 2 of 2025 by two guardians of the said Madrasah. Learned Advocate representing the applicants in both the applications is also heard.

2. In terms of the previous order dated 08.04.2025 a supplementary affidavit has been filed on behalf of the petitioner and the same is taken on record.

3. In the writ petition recommendation for transfer dated 19th March, 2025 issued by the Secretary, West Bengal Madrasah Service Commission (hereinafter referred to as Commission) is under challenge. By the said recommendation Memo dated 19^th March, 2025 petitioner being an Assistant Head Master of said Madrasah has been transferred to Rahatpur High Madrasah (H.S.) District- Uttar Dinajpur. It is submitted on behalf of the parties that impugned recommendation Memo dated 19th March, 2025 was issued based on order of OSD & EO Director of Madrasah Education, West Bengal dated 19th March, 2025.

4. Therefore it appears that on 19^th March, 2025 OSD & EO Director of Madrasah Education, West Bengal under Rule 33(d) of the West Bengal Madrasah Service Commission Recruitment (Selection and Recommendation of persons for Appointment and Transfer to the Posts of Teacher and Non-Teaching Staff) Rules, 2023 (hereinafter referred to as the said Rules of 2023) decided to transfer the petitioner from the said Madrasah to Rahatpur High Madrasah (H.S.), Uttar Dinajpur in the interest of public service. It is also stated in the transfer order that there is dearth of Assistant Teacher in Bengali under Honours/P.G category in Rahatpur High Madrasah and that being the reason to transfer the petitioner on applying provisions under Rule 33(d) of the said Rules of 2023.

5. Based on such order dated 19^th March, 2025 on the same date recommendation for transfer was issued by the Secretary of the Commission.

6. Mr. Sunit Kumar Ray, learned Advocate representing the petitioner while questioning the validity of the decision to transfer the petitioner has categorically submitted that petitioner is presently working as an Assistant Head Master of said Madrasah based on approval accorded by the District Inspector of Schools (S.E.), Murshidabad vide Memo dated 22^nd March, 2022. It is further submitted in terms of the permission accorded by the concerned District Inspector of Schools (S.E.), Murshidabad authority of said Madrasah conducted a selection process in accordance with the relevant Recruitment Rules and the petitioner was selected for being appointed in the post of Assistant Head Master and accordingly based on approval granted by the District Inspector of Schools (S.E) concerned petitioner is functioning as Assistant Head Master of the said Madrasah. Appointment of petitioner as Assistant Head Master was questioned in a writ petition being WPA 2208 of 2022 wherein a Co-ordinate Bench passed direction to exchange affidavits but selection of the petitioner as Assistant Head Master was not interfered with at