Calcutta High Court
WPA/11195/2026 of JHUMA ADAK Vs STATE OF WEST BENGAL AND ORS. on 18 August 2026
Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA No.11195 of 2026 Jhuma Adak Vs. The State of West Bengal & Ors. Mr. Ujjal Ray Mr. Binit Kumar … for the petitioner Ms. Mary Datta … for the State Mr. Sourav Mitra … for WBCSSC .
18.08.2026
Item No.32
Subrata
Bhattacharyya
AR(C)
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
WPA No.11195 of 2026
Jhuma Adak
Vs.
The State of West Bengal & Ors.
Mr. Ujjal Ray
Mr. Binit Kumar … for the petitioner
Ms. Mary Datta … for the State
Mr. Sourav Mitra … for WBCSSC
.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Affidavit of service filed in Court today is taken on record.
2. The petitioner being a Group-D staff of a school seeks transfer on self-medical ground.
3. The petitioner’s offline application seeking transfer is pending consideration before the head of the institution. It has been submitted that the petitioner is the only clerk of the school. For holding single post, the head of the institution is not processing her application seeking transfer.
4. The petitioner presses for transfer.
5. 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 post holder is liable to be dispensed with.
6. 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. The head of the institution cannot sit tight over the application.
7. In the instant case, it is seen that even though the petitioner applied for transfer on medical ground, the head of the institution is not taking any steps to process the application of the petitioner. The exception for consideration of an application seeking transfer on medical ground has not been followed.
8. 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), Hooghly at the earliest but positively within a period of four weeks from the date of communication of this order. Medical checkup of the petitioner may be conducted by the Block Medical Officer of Health.
9. 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.
10. The fate of the petitioner’s application shall be made known to the petitioner.
11. Suspension of the Utsashree portal shall not stand in the way of the respondents in taking steps in terms of the order passed hereinabove.
12. All parties to act on the basis of 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] 2