26.02.2026 Ct. no.14 Sl. Nos.1-4 IN THE HIGH COURT AT CALCUTTA ss CIVIL REVISIONAL JURISDICTION APPELLATE SIDE WPA 23024 of 2024 Munna Kundu Vs.

The State of West Bengal & Ors.

with WPA 23917 of 2024 Rekharani Mahato Vs.

The State of West Bengal & Ors.

with WPA 23967 of 2024 Alaka Mahato Vs.

The State of West Bengal & Ors.

with WPA 28510 of 2024 Purba Dan Vs.

The State of West Bengal & Ors.

Mr. Rudranil De Mr. Soumo Charan … for the petitioners Mr. Subir Sanyal, Sr. Adv.

Mr. Ratul Biswas Mr. Kaushik Chowdhury … for the WBBPE Mr. Sayan Datta … for the State (in WPA 23024 of 2024)

Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee … for the State (in WPA 23917 of 2024)

Mr. Tapas Kumar Dey Mr. Malay Krishna De …for the State (in WPA 23967 of 2024) , Ms. Sukanya Datta … for the State (in WPA 28510 of 2024)

Mr. B.P. Vaisya Mr. Gourav Das Ms. Tapati Sarkar ...for the DPSC, South 24-Parganas in WPA 23917/24.WPA28510 of 2024 Mr. B.P. Vaisya Mr. Nilay Baran Mandal … for the DPSC, Purulia in WPA 23024 of 2024, WPA 23967 of 2024 and 28510 of 2024

1. Th ese matters are appearing in the list under the heading „For Orders‟.

2. Since the subject matter of the aforementioned writ petitions are similar in nature, these writ petitions were heard analogously.

3. For better appreciation the necessary facts are enumerated as follows.

(i) The petitioner, Munna Kundu, in WPA 23024 of 2024, previously filed a writ petition being WPA 25110 of 2023 seeking for inter-district transfer on the ground of distance. The aforesaid writ petition was disposed of on 28^th February 2024 as follows. “In the above circumstances, West Bengal Board of Primary Education after receiving an appropriate report from the District Primary School Council, South 24 Parganas and District Primary School Council, Bankura and subject to availability shall consider the petitioner‟s application in accordance with law and dispose of the same within a period of two months from date mandatorily and positively.”

Pursuant to such order, Secretary, West Bengal Board of Primary Education rejected the prayer of the petitioner on 21^st August 2024 with the following observation.

“ 5.….. As per Rule 4 Clause (b) of the West Bengal Board of Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002 as amended vide Notification No. 1072-SE/EE/10M-45/2021 dated 13/09/2021 wherein it states that „on an application from a teacher, transfer approved teacher within its jurisdiction from one primary school to another primary school on the condition that such approved teacher, in case of mutual transfer, is confirmed and in case of single transfer, is confirmed and has completed minimum five years of continuous service‟. Thus, it is seen that in case of single transfer the confirmation of service is mandatory and the teacher has to be completed minimum five years of service. At the time of hearing, the petitioner could not submit the confirmation letter of her service and she has not completed 5 years of service, which was pointed out and discussed with the petitioner at the time of hearing.

6. Having considered the facts as above, the prayer of the petitioner for single transfer is not considered as the petitioner did not fulfil the eligibility criteria as stipulated in Rule 4(b) of the West Bengal Primary Education (Transfer of Teachers and Head Teacher) Rules, 2002. Consequently, no relief can be granted to the petitioner.

(ii) The petitioner, Rekharani Mahato, in WPA 23917 of 2024, previously filed a writ petition being WPA 25980 of 2023 seeking for inter-district transfer on the ground of distance. The aforesaid writ petition was dismissed on 28th February 2024. Challenging the said order the aforementioned petitioner filed an appeal being MAT 607 of 2024.

(iii) The petitioner, Alka Mahato, in WPA 23967 of 2024, previously filed a writ petition being WPA 25979 of 2023 seeking for inter-district transfer on the ground of distance. The aforesaid writ petition was dismissed on 28^th February 2024. Challengin