Calcutta High Court
WPA/10400/2026 of SUBHANKAR DAS Vs STATE OF WEST BENGAL AND ORS. on 19 August 2026
Item No.13 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.10400 of 2026 Subhankar Das -vs- The State of West Bengal & Ors. Mr. Ujjal Ray Mr. Binit Kumar …for the petitioner Ms. Koyeli Bhattacharya Mr. Koustav Seal
19-08-2026
Item No.13
Subrata
Bhattacharyya
AR(C)
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
WPA No.10400 of 2026
Subhankar Das
-vs-
The State of West Bengal & Ors.
Mr. Ujjal Ray
Mr. Binit Kumar …for the petitioner
Ms. Koyeli Bhattacharya
Mr. Koustav Seal …for the State
Mr. Sourav Mitra …for WBCSSC
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1. The application of the petitioner for transfer on self-medical ground has not been approved by the head of the institution on the ground that the petitioner is a single teacher in the concerned subject.
2. Learned counsel for the petitioner refers to the West Bengal (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 as amended in the year 2021 which mentions that if the application for transfer is made on medical ground, then the fact of being a single teacher is liable to be dispensed with.
3. As per the Transfer Rules, in case of an application for transfer on medical ground the requirement of considering the roll strength for transfer is to be dispensed with. While considering application for transfer on medical ground if resultant vacancy of the school becomes zero or does not commensurate with the roll strength, then the school managing committee is to approach the Central School Service Commission through the concerned District Inspector of Schools for filling up the vacancy.
4. In the instant case, it is seen that even though the petitioner applied for transfer on medical ground, the respondent authority applied an incorrect yardstick and is refusing to approve the same. The exception for consideration of an application seeking transfer on medical ground has not been followed.
5. In view of the above, the head of the institution is directed to forward the prayer of the petitioner seeking transfer strictly in accordance with the Transfer Rules, 2015, as amended, to the DI of Schools (SE), Paschim Medinipur at the earliest but positively within a period of four weeks from the date of communication of this order. Medical check-up of the petitioner may be conducted by the Block Medical Officer of Health.
6. If the medical report discloses any ground on which transfer may be allowed, then necessary consequential steps shall be taken by the authorities without any further delay.
7. The fate of the petitioner’s application shall be made known to the petitioner.
8. Suspension of the Utsashree portal shall not stand in the way of the respondents in taking steps in terms of the order passed hereinabove.
9. Accordingly, the communication dated April 1, 2026 (Annexure P4, p.28) issued by the teacher-in- charge of the school stands set aside.
10. The writ petition stands disposed of.
11. Affidavit of service filed in Court today is taken on record.
12. All parties are to act on the server copy of this order duly downloaded from the official website of this Court.
13. Certified copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J]