MAT/201/2026 of UMA BHAUMIK BARMAN Vs THE STATE OF WEST BENGAL AND ORS on 24 July 2026

1. CAN 1 of 2026 has been filed seeking condonation of delay of 472 days.

2. For the reasons stated in the application, the same is allowed. Delay in filing of the appeal is condoned.

3. Accordingly, CAN 1 of 2026 is allowed. Re.: MAT 201 of 2026 With CAN 2 of 2026

4. The short question that comes for consideration in this instant appeal is whether in the impugned order dated 1st October, 2024 the Single Bench would have deferred the transfer of the writ petitioner/appellant until a replacement to man the post of the writ petitioner/ appellant is found by nearby school.

5. This Court has decided the matter applying the ratio of Rupak Dhua Vs. The State of West Bengal & Ors. being judgement dated 31st July, 2025 and other decisions that the teachers for whom transfer is approved by the authorities need not wait till such time replacement is found.

6. In the light of the above, the District Inspector of Schools (SE), Murshidabad shall forward the writ petitioner’s/appellant’s application to the School Service Commission for appropriate orders and simultaneously thereafter find a replacement in the resultant vacancy as expeditiously as possible.

7. The impugned order shall stand modified accordingly.

8. Hence, MAT

of is disposed of. Consequently, CAN 2 of 2026 is also disposed of.

9. There shall be no order as to costs.

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

(Rajasekhar Mantha, J.)

(Rai Chattopadhyay, J.)