WPA/21049/2026 of BIMAN SAHA Vs STATE OF WEST BENGAL AND ORS. on 24 September 2026

1. The petitioner was appointed as an assistant teacher in Physics in the year 2010. He was transferred in 2022 to a different school and the subject mentioned in the recommendation for transfer is Physical Science/Pure Science. The petitioner claims to be teaching Physics as per his educational qualification all along in all the schools where he served.

2. He is aggrieved as in the Utshasree portal the school has shown that there is a vacancy in the subject Physics. The petitioner apprehends that if steps are taken to fill up the vacancy of the subject Physics, then his service in the school may be disturbed.

3. Prayer has been made to direct the respondent authorities to rectify the error as and where appearing by recording that the petitioner is the assistant teacher in the subject Physics in place and instead of Physical Science/Pure Science.

4. Learned counsel for the school admits that the petitioner is teaching Physics in the school. It has also been admitted that there is no separate vacancy for the subject Physical Science/Pure Science.

5. Learned counsel for the State submits that he is not ready with instruction.

6. Learned counsel for the West Bengal Central School Service Commission submits that the petitioner ought to have taken steps for rectification of his subject when the recommendation for transfer was made in the year 2022. The petitioner accepted the recommendation and has joined the transferee school without any protest. Now, when the school is reporting the vacancy of Physics, the petitioner ought not to raise any objection.

7. Upon hearing the submissions made on behalf of the parties and on perusal of the documents on record, it appears that the initial appointment of the petitioner was in the subject Physics (Honours/PG). The petitioner enhanced his educational qualification in the subject Physics. He is currently teaching Physics in the school where he is serving even though his transfer order mentions about the subject Physical Science/Pure Science.

8. The petitioner’s apprehension that if the vacancy of the subject Physics in the school where he is teaching is shown in the Utshasree portal, then his service in the school may be at stake, does not appear to be an unfounded one. The petitioner may have genuine reasons to be apprehensive.

9. The District Inspector of Schools (SE), Nadia is, therefore, directed to seek for proper vacancy status from the school authority and rectify the vacancy status in the Utshasree portal after proper verification of records from the school authority. The service of the petiotner in the school ought not to be disturbed without applying the proper position of law.

10. Steps shall be taken in the matter at the earliest.

11. The writ petition is disposed of.

12. All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

13. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J]