Rumpa Das Rana v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

24.06.

Ct. No. 24 CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 1071 of 2024 Ab Rumpa Das Rana Vs.

The State of West Bengal and others.

--------------- Mr. Sudip Ghosh Chowdhury, Ms. Pritha Biswas, Ms. Upasana Sarkar.

... for the petitioner.

Mr. Madhu Jana, Ms. Puja Sonkar.

... for the State.

Mr. Sunit Kumar Roy.

... for the SSC.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta, Mr. Manas Bhattacharyya.

... for the WBBSE.

1. The affidavit of service filed today is taken on record.

2. In spite of service, none appears on behalf of the school authorities.

3. The petitioner's grievance that her application for transfer on distance is pending consideration in the light of the petitioner being a single teacher before the respondent no. 4, the District Inspector of Schools (SE), on the ground that there is no other willing teacher available to take the post of the petitioner.

4. The notification bearing no. 09-S.E./SE/S/1S0495(pt. III) dated January 3, 2022 is clear that

there is no question of availability of a willing teacher to effect transfer of a person. This has been sufficiently clarified in the judgment of this Hon'ble Court in FMA 995 of 2025 (Rupak Dhua vs. The State of West Bengal).

5. The respondent no. 4, the District Inspector (SE) is directed to make local arrangement and ensure that the application of the petitioner is dealt with in consonance with Rupak Dhua (Supra).

6. The respondent no. 4 will dispose of the same by July 15, 2026 and forward the same to the Commission by July 30, 2026.

7. The suspension of 'Utsashree Portal' will not be an impediment for the concerned authorities to consider the application for transfer of the petitioner. The same shall be considered in an offline mode.

8. With the afore-stated directions, the writ petition is disposed of.

9. There shall, however, be no order as to costs.

10. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Reetobroto Kumar Mitra, J.)