Barnali Patrakar v. State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
01.04.
Ct. No. 24 CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE.
WPA 4152 of 2026 Ab Barnali Patrakar Vs.
The State of West Bengal and others.
--------------- Mr. Shuvro Prakash Lahiri, Mr. Rajesh Naskar, Mr. Ankan Mondal.
... for the petitioner.
Mr. Tapas Kumar Das.
... for the State.
Dr, Sutanu Kumar Patra, Ms. Supriya Dubey.
... for the WBCSSC.
1. The affidavit of service filed today is taken on record.
2. In spite of service, the School Authority is not represented.
3. The petitioner is an Assistant Teacher in Nagua Balika Vidyalaya (High), Purba Medinipur.
Petitioner's application for general transfer on the ground of distance has been returned on the ground of single subject teacher.
4. The petitioner is granted liberty to make a fresh application with the school authorities by April 15, 2026, which will be considered by the school authorities in accordance with law and if found eligible will be forwarded to the concerned District
Inspector of Schools with the requisite No Objection Certificate.
5. The school authorities are directed to forward the said application, without taking the ground that the petitioner is a single teacher in her subject as the same has already been decided by the Hon'ble Court in 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 irrespective of the fact whether alternative arrangement has been made or not.
6. In view of the afore-stated, respondent no. 6 is directed to dispose of the application of the petitioner by April 30, 2026. In the event such application is allowed, the school authorities will immediately forward the same along with requisite No Objection Certificate and declaration to the respondent no. 5 within a period of two weeks from allowing the application.
7. The concerned authorities will take all consequential steps in accordance with law as expeditiously as possible.
8. Temporary 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.
9. With these aforesaid directions, the writ petition is disposed of.
10. There shall, however, be no order as to costs.
11. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Reetobroto Kumar Mitra, J.)