Calcutta High Court
WPA/11261/2026 of SUBHANKAR GHOSH Vs STATE OF WEST BENGAL AND ORS. on 28 September 2026
2026 Item no.D/L 22 Court No. 24 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 11261 of 2026 In the matter of : Subhankar Ghosh …. Petitioner VS. The State of West Bengal & Ors. ….Respondents For the Petitioner:
28th Sept., 2026
Item no.D/L 22
Court No. 24
Pradip, A.R.(Ct.)
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Case No.
WPA 11261 of 2026
In the matter of:
Subhankar Ghosh
…. Petitioner
VS.
The State of West Bengal & Ors.
….Respondents
For the Petitioner:
Mr. Sakti Pada Jana
Mr. Subhajyoti Das
….Advocates
For the State:
Mr. Anindya Basu, Sr. Govt. Adv.
Mr. Anish Chakraborty
….Advocates
For the SSC:
Mr. Sunit Kumar Roy
….Advocate
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1. Affidavit of service filed in Court today is taken on record.
2. The petitioner’s application seeking transfer was forwarded by the school authority and the same is pending at the end of the District Inspector of Schools.
3. Learned advocate for the petitioner submits that the petitioner is a single subject teacher.
4. Reliance has been placed on the judgment delivered by the 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.) wherein 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 arrangement
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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. Under such circumstances, the District Inspector of Schools (SE), Dakshin Dinajpur being the respondent no. 3 herein is directed to consider the petitioner’s application for transfer and dispose of the same in accordance with law irrespective of the fact whether any alternative arrangement could be made or not. The resultant vacancy on the transfer of the petitioner shall be filled up in the manner as directed by the Hon’ble Division Bench in the matter of Rupak Dhua (supra).
7. The entire exercise shall be completed by the concerned District Inspector of Schools preferably within three months from the date of communication of this order.
8. The writ petition stands disposed of.
9. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.
10. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Amrita Sinha, J.)