Tania Sinha v. State Of West Bengal And ORS.

19.03.2026 sdas WPA 1650 of 2026 Tania Sinha Vs.

The State of West Bengal & Ors.

Mr. Ujjal Ray Sk. Abdur Rahim .... for the petitioner Mr. Asish Dutta .... for the State Mr. Kanak Kiran Bandyopadhyay .... for the WBCSSC

1. Let affidavit-of-service, as filed in Court, be kept on record.

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

3. The petitioner is aggrieved by the rejection of her transfer application on the ground of single subject teacher by the respondent no. 5. Such rejection was made in the year 2022 and has been challenged by way of this writ petition in 2026.

4. The surrounding facts and circumstances in the said school are bound to have changed over a period of four years.

5. The rejection of the District Inspector of Schools of the petitioner's application for transfer seems quite contrary to the dictum of this Hon'ble Court as enshrined in the order dated August 8, 2024.

6. This Hon'ble Court has repeatedly and over a period of time from Gokul Chandra Mallick vs. State of West Bengal & Ors. in MAT 1218 of 2024 and Rupak Dhua vs. State of West Bengal & Ors. In FMA 995 of 2025 held that the single teacher issue or dealing teacher issue is contrary to a Notification of January 3, 2022 in terms of the Memorandum No. SE/S/Is-04/95 (Pt.-III).

7. The decision taken by the School is prima facie faulty and not in consonance with the dictum of this Hon'ble Court.

8. Rejection of the application by the school authorities dated December 9, 2025 is set aside as it cannot be sustained in law. In view of the dictum of this Hon'ble Court in Gokul Chandra Mallick (supra) and Rupak Duah (supra), respondent no. 7 is directed to revisit the application for transfer, to be considered as one on the distance ground and dispose of the same by April 15, 2026. If the application is allowed school authorities will forward the same with the requisite 'No Objection Certificate' and declaration to the respondent no. 6 by April 30, 2026.

9. The suspension of 'Utsashree Portal' will not be an impediment for the concerned authority to consider the application for transfer of the

petitioner. The same shall be considered in an offline mode.

10. With the aforestated directions, the writ petition is, thus, disposed of.

11. There shall, however, be no order as to costs. 12.Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Reetobroto Kumar Mitra, J.)