Calcutta High Court
FMA/1657/2025 of SUMAN DAS Vs STATE OF WEST BENGAL AND ORS. on 24 July 2026
Court No. 13 Item No. 15 pk F. M. A . 1657 of 2025 With I.A. No. CAN 1 of 2025 Suman Das -Versus- The State of West Bengal & Ors. Mr. S. P. Lahiri … for the appellant. Mr. Sahasrangshu Bhattacharjee, Ld. AGP Ms. Mary Datta, Ms. Jagannath Chatterjee … for the State. Mr. Nilay
24.07.2026.
Court No. 13
Item No. 15
pk
F. M. A. 1657 of 2025
With
I.A. No. CAN 1 of 2025
Suman Das
-Versus-
The State of West Bengal & Ors.
Mr. S. P. Lahiri
… for the appellant.
Mr. Sahasrangshu Bhattacharjee, Ld. AGP
Ms. Mary Datta,
Ms. Jagannath Chatterjee
… for the State.
Mr. Nilay Baran Mondal
… for the respondent no. 6.
Mr. Kanak Kiran Bandyopadhyay
… for the 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-in-reply filed in Court is taken on record.
2. The instant appeal is directed against an order dated 14.01.2025 passed by a Single Bench of this Court in WPA 30484 of 2024. The Single Bench has substantially dealt with the law with regard to the transfer but has only deviated therefrom in last eight lines of paragraph 8 on the 5th page of the impugned order. The said expression is as follows : “and find out a willing teacher who can man the post of the petitioner from neighbouring schools. If willing teacher is found who can take classes of Geography in Higher Secondary section after transfer of the petitioner, steps shall be taken to transfer the petitioner in accordance with law based on his transfer application dated 27th July, 2022.”
3. Mr. Lahiri, learned counsel for the appellant has placed the case of Rupak Duha Vs. The State of West Bengal and others in FMA 995 22025 which was disposed of by an order dated 31st July, 2025 by a Co- ordinate Bench. In the said order it has been clarified that the teacher upon fulfilling all criteria is required to be transferred and relief first and the resulted vacancy shall be filled up even by calling upon a teacher of the similar subject in a nearby school to man the post and impart instructions in the subject in which the applicant was the only teacher.
4. This Court is of the view that the identification of a teacher from a neighbouring school cannot be made a precondition for holding the transfer of the petitioner who otherwise fulfils all criteria for transfer even if it is a single teacher post.
5. In that view of the matter, the impugned order is modified to the extent that the petitioner is found eligible for transfer, shall be permitted to move to the chosen schools or the one where vacancy is available nearby to the chosen schools.
6. The D. I. of Schools (SE) shall thereupon taka urgent steps to locate a teacher from a nearby school to instruct students of the existing schools in the subject concerned in the resultant vacancy.
7. The D.I. of Schools(SE) shall therefore take immediate steps to send the application of the petitioner to the Commission for further steps under the appropriate Rules subject to the petitioner’s fulfilling all criteria. Let the D.I. of Schools take appropriate steps within one month from the date of communication of a copy of this order. The Commission shall thereafter take expeditious steps to recommend available vacancy to the petitioner.
8. With the aforesaid observations, FMA 1657 of 2025 is allowed and disposed of. Consequently connected pending application 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.)