Calcutta High Court

WPA/29437/2025 of SAYANTAN CHAUDHURY Vs STATE OF WEST BENGAL AND ORS. on 21 September 2026

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Court No. 24 pg. In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 29437 of 2025 Sayantan Chaudhury VS. The State of West Bengal & Ors. Mr. Ujjal Ray … For the petitioner Mr. Sunit Kumar Roy … For WBCSSC 1. Affidavit of service filed in

21.09.2026

Court No. 24

pg.

In the High Court at Calcutta

Constitutional Writ Jurisdiction

Appellate Side

WPA 29437 of 2025

Sayantan Chaudhury

VS.

The State of West Bengal & Ors.

Mr. Ujjal Ray

… For the petitioner

Mr. Sunit Kumar Roy

… 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 made offline in November, 2025 is pending approval at the end of the institution.

3. Prayer has been made to direct the head of the institution to consider the same.

4. Without entering into the merit of the prayer of the petitioner, the instant writ petition stands disposed of by directing the head of the institution to take necessary steps to consider the application for transfer made by the petitioner in accordance with law at the earliest but positively within a period of eight weeks from the date of communication of this order.

5. If the application of the petitioner for transfer is allowed, then necessary consequential steps shall be taken without any further delay.

6. The said application 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.

7. 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.

8. A decision shall be taken at the earliest but positively within a period of eight weeks from the date of filing of the application.

9. The ground of single-subject teacher cannot be relied upon by the authority to reject the prayer of the petitioner.

10. The fate of the petitioner’s application shall be made known to the petitioner immediately thereafter.

11. The writ petition stands disposed of.

12. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

13. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities.

(Amrita Sinha, J.)

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