Calcutta High Court
WPA/19889/2022 of SHYAMAL KUMAR GHOSH Vs STATE OF WEST BENGAL AND ORS. on 21 September 2026
Court No.24 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 19889 of 2022 Shyamal Kumar Ghosh -versus The State of West Bengal & Ors. Mr. Tamal Taru Panda … For the petitioner Mr. Soumya Sankar Chini Ms. Ankana Sarkar … For the State
21.09.2026
Court No.24
pg.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 19889 of 2022
Shyamal Kumar Ghosh
-versus
The State of West Bengal & Ors.
Mr. Tamal Taru Panda
… For the petitioner
Mr. Soumya Sankar Chini
Ms. Ankana Sarkar
… For the State
Mr. Sourav Mitra
… For WBCSSC
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1. Affidavit of service filed in Court today is taken on record.
2. The petitioner’s application seeking transfer stood rejected by the head of the institution in August, 2022 on the ground that the petitioner is a single subject teacher.
3. The petitioner presses for transfer.
4. It appears that considerable period of time has elapsed from the day the application of the petitioner for transfer stood rejected. Staff strength of the school may have changed in the meantime.
5. Accordingly, the instant writ petition stands disposed of with the observation that it will be open for the petitioner to make fresh application online seeking transfer disclosing the ground for the same.
6. In the event online mode is non-functional, then the petitioner may file his application in the prescribed format in the offline mode.
7. In the event such an application is made, the same shall be considered by the head of the institution in accordance with the prevailing transfer rules and law laid down by the Hon’ble Division Bench of this Court on 31st July, 2025 in the matter of Rupak Dhua Vs. The State of West Bengal & Ors. [FMA 995 of 2025 with IA No.: CAN 1 of 2025] wherein the Court took note of the notification dated 3rd January, 2022 amending the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015.
8. The Court was of the opinion that the aforesaid notification states that it would be an obligation on the part of the District Inspector of Schools (SE) to take urgent steps in a time bound manner to search for a teacher on the same subject from nearby schools and make local arrangement so that the teacher of the other school attends the school wherefrom the single teacher had applied for transfer. The petitioner’s 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.
9. A decision shall be taken at the earliest but positively within a period of eight weeks from the date of filing of the application.
10. The ground of single-subject teacher cannot be relied upon by the authority to reject the prayer of the petitioner.
11. The fate of the petitioner’s application shall be made known to the petitioner.
12. The writ petition stands disposed of.
13. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.
14. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities.
(Amrita Sinha, J.)