Tanusree Nandi v. State Of West Bengal And ORS.

19.03.

Ct. No. 24 Ab

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 2549 of 2026 Tanusree Nandi Vs.

The State of West Bengal and others.

--------------- Mr. Md. Yusuf Ali.

... for the petitioner.

Mr. Debasish Sur.

... for the State.

Mr. Kunal Ganguly.

... for the WBBSE.

Mr. Kanak KIran Bandyopadhyay.

... for the SSC.

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 willing teacher before the respondent no. 7 on the ground that there is no other willing teacher available to take the post of the petitioner.

4. A notification bearing no. 09-S.E./SE/S/1S-0495(pt. III) dated January 3, 2022 is clear that there is no question of availability of the willing teacher to effect transfer of a person as 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. 7 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. 7 will dispose of the same by April 20, 2026 and forward the same to the Commission by April 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.)