Calcutta High Court
WPA/9567/2025 of PRANTIK GAYEN Vs THE STATE OF WEST BENGTAL AND ORS. on 28 July 2026
Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 9567 of 2025 Prantik Gayen Vs. The State of West Bengal & Ors. Mr. Sudip Ghosh Chowdhury Ms. Pritha Biswas Ms. Upasana Sarkar … for the Petitioner. Ms. Mary Datta Ms. Aparajita Mitra … for
M/L 871
28.07.2026
Court No.24
SD
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
WPA 9567 of 2025
Prantik Gayen
Vs.
The State of West Bengal & Ors.
Mr. Sudip Ghosh Chowdhury
Ms. Pritha Biswas
Ms. Upasana Sarkar
… for the Petitioner.
Ms. Mary Datta
Ms. Aparajita Mitra
… for the State.
Mr. Sunit Kumar Roy
… for the SSC.
Ms. Koyeli Bhattacharyya
Mr. Bibek Dutta
… for the WBBSE.
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1. Affidavit of service filed in Court today be kept with the records.
2. The petitioner’s prayer seeking transfer on medical ground stood rejected by the Commission by passing a reasoned order on 7th August, 2024 which is impugned in the instant writ petition.
3. By the said order, the petitioner has been intimated that in none of the schools preferred by him, there is vacancy.
4. It has been submitted that as the petitioner seeks transfer on medical ground, accordingly, a further opportunity ought to be given to the petitioner to select a vacancy where he may be appointed.
5. In support of such submission, learned advocate for the petitioner relies on the decision passed by the Hon’ble Division Bench of this Court on 21st March, 2024 in MAT 359 of 2024 with IA No. CAN 1 of 2024
(Baishakhi Mukhopadhyay v. The State of West Bengal & Ors.) wherein the Court directed the Commission to consider the prayer of the candidate in terms of the second clause of Rule 6(4)(d) of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015.
6. As it appears that the issue as to whether a further opportunity can be granted to the candidate in case there is no vacancy in any of the schools opted by the candidate has already been decided by the Hon’ble Division Bench in the matter of Baishakhi Mukhopadhyay (supra), accordingly, the impugned communication of the Secretary of the West Bengal Central School Service Commission dated 7th August, 2024 stands set aside.
7. The Secretary of the West Bengal Central School Service Commission is directed to reconsider the petitioner’s prayer seeking transfer on medical ground by applying the second clause of Rule 6(4)(d) of the 2015 Rules.
8. Steps shall be taken in the matter at the earliest, but positively within a period of eight weeks from the date of communication of this order.
9. The writ petition stands disposed of.
10. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.
11. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities.
(Amrita Sinha, J.)