Calcutta High Court
WPA/11142/2026 of GOBINDA BISWAS Vs STATE OF WEST BENGAL AND ORS. on 28 September 2026
Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 11142 of 2026 Gobinda Biswas Vs. The State of West Bengal & Ors. Mr. Shuvro Prokash Lahiri Mr. Ankan Mondal Mr. Manmohon Singh Roop Roy … for the Petitioner. Mr. Kaustav Seal … for the State.
S/L 17
28.09.2026
Court No.24
SD
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
WPA 11142 of 2026
Gobinda Biswas
Vs.
The State of West Bengal & Ors.
Mr. Shuvro Prokash Lahiri
Mr. Ankan Mondal
Mr. Manmohon Singh Roop Roy
… for the Petitioner.
Mr. Kaustav Seal
… for the State.
Mr. Sunit Kumar Roy
… for SSC.
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1. Affidavit of service filed on behalf of the petitioner in Court today be kept with the records.
2. The offline application of the petitioner seeking transfer is pending approval before the Head of the Institution. The school has allegedly not issued the necessary no objection certificate as the petitioner is the single subject teacher in the school.
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 No.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 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 No.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 head of the institution 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 head of the institution preferably within three months from the date of communication of this order. If the prayer of the petitioner is allowed, then the application shall be duly forwarded to the DI of schools for taking necessary consequential steps in the matter.
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.)