Shampa Sadhukan v. State Of West Bengal And ORS.
18.03.2026 sdas WPA 5278 of 2026 Shampa Sadhukan Vs.
The State of West Bengal & Ors.
Mr. Subhrangsu Panda Ms. Haritri Roy Mr. Ratul Ghosal Mr. Anupam Singha Ms. Sompurna Chowdhury .... for the petitioner Md. Mansoor Alam Mr. Bhaskar Chakraborty .... for the State Ms. Koyeli Bhattacharyya .... for the WBBSE Ms. Supriya Dubey .... for the respondent
1. Let affidavit-of-service, as filed in Court, be kept on record.
2. 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 2021 and has been challenged by way of this writ petition in 2026.
3. The surrounding facts and circumstances in the said school are bound to have changed over a period of four years.
4. 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.
5. 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).
6. The rejection of the petitioner's application on her own seeking on the ground of distance, by the Commission on the ground of single teacher is imminently erroneous.
7. The petitioner is, thus, directed to file a fresh application seeking transfer on the ground that may be available to her in law which will be considered by the authorities, whether school, District Inspector of Schools or Commission, without taking the ground of single subject teacher, to reject her application for transfer on her own seeking.
8. Notwithstanding the non-availability of the Utsashree Portal, the petitioner's application shall be dealt with by the authorities in the off line mode and will proceed in accordance with law as expeditiously as possible.
9. District Inspector of Schools, being the respondent no. 8, will deal with such application strictly on the basis of and in line with Gokul Chandra Mallick (supra) and Rupak Duah (supra) within a period of ten weeks from the date of making of the application by the petitioner.
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.)