WPA/12694/2026 of SHAWLI DEBNATH Vs STATE OF WEST BENGAL AND ORS. on 23 September 2026

1. The petitioner was appointed as a teacher after she was successful in the 1st SLST-2016. The appointment of the petitioner stood nullified by the judgment passed by the Hon’ble Supreme Court on 3rd April 2025 in Civil Appeal No.4800 of 2024 in the matter of State of West Bengal v. Baishakhi Bhattacharyya (Chatterjee) & Ors.

2. The petitioner has been repatriated to her earlier posting, but at a school which the petitioner claims to be 328 kilometers away from her residence.

3. She submits that she is suffering from serious gynecological issues for which it is absolutely impossible for her to commute to such far off distance on daily basis. She prays for re- recommendation to a school which is commutable from her residence on daily basis.

4. The petitioner also applied for transfer to a school nearby to her residence. The same is also pending consideration.

5. Learned counsel representing the School Service Commission submits that if the Commissioner forwards any matching vacancy where the petitioner may be posted, then the case of the petitioner may be considered.

6. None represents the State despite service. Affidavit of service is on record.

7. It appears that the petitioner has annexed several medical documents with the writ petition in support of her submission that she is suffering from serious gynecological issues.

8. In the absence of any instruction from the Commissioner of School Education, it will not be possible for the Court to decide the issue conclusively.

9. In view of the above, the instant writ petition is disposed of with the observation that it will be open for the petitioner to make a comprehensive representation before the Commissioner of School Education annexing all documents in support of her stand.

10. As the representation filed by the petitioner is pending consideration, accordingly, the Commissioner of School Education is directed to find out a matching vacancy which is close to the residence of the petitioner and which is commutable on regular basis by the normal means of transport.

11. If such a vacancy is found, the same shall be forwarded to the Commission for re-recommending the petitioner at the said school. The petitioner has annexed certain vacancies where she may be posted. The same may also be considered by the Commissioner.

12. Steps shall be taken by the Commissioner at the earliest but positively within a period of eight weeks from the date of receipt of the comprehensive representation along with supporting documents from the petitioner.

13. Prior to passing a final order in the matter, the Commissioner of School Education shall provide an opportunity of hearing to the petitioner to place her case and to put forth the vacancies which is within her knowledge where she may be posted.

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

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