Satabdi Ray v. The State Of West Bengal And ORS.

W.P.A. 7397 of 2025 16.04.2025 Ct.18 rkd Satabdi Ray -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Debalina Chakrabvorty, Ms. Pritha Biswas ....for the petitioner.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta, Ms. Keya Panja ....for the WBBSE.

Mr. Kanak Kiran Bandyopadhyay ....for the WBCSSC.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

Petitioner made an application on general ground (distance) on 18th November, 2021 on Utsashree portal but same was rejected on the ground that petitioner obtained lower rank against the schools opted by her in transfer application.

The learned advocate representing the petitioner submits that in Rule 6 of the West Bengal School Service Commission (General Transfer, Transfer On Special Grounds and Reallocation) Rules, 2015 there was a restriction that while submitting application for transfer applicant teacher cannot apply for transfer with option of more than three schools, the schools which are to be considered for transfer of the petitioner.

But an amendment was made vide notification dated 8th September, 2021 and in amended Rule 6 there is no such restriction that an applicant teacher cannot apply for transfer indicating more than three schools.

In addition thereto, reliance is placed on the order of the Hon'ble Division Bench dated 8th April, 2025 passed on an intra Court appeal being MAT 471 of 2025 (Rupam Biswas v. State of West Bengal & Ors.). Learned advocate representing the Commission has opposed the prayer of the petitioner but it is not demonstrated before this Court in reference to amended Rule 6 as contained in notification dated 8th September, 2021 that an applicant teacher is estopped from opting more than three schools while submitting application for transfer on general ground (distance). Having considered the respective submissions made on behalf of the parties, this Court finds that transfer application of the petitioner was rejected on 28th December, 2021 since petitioner did not come within the zone of consideration in connection with the posts in the schools which were opted by the petitioner while submitting application for transfer.

Placing reliance on Rupam Biswas (supra), leave is granted to the petitioner to file an application for transfer in prescribed proforma before the school

authority where petitioner is presently working within fortnight from the date of communication of this order. If such application is made in the aforesaid time, respondent no.6 shall forward the same to the concerned District Inspector of Schools (SE), Paschim Bardhaman being respondent no.5 by fortnight thereafter.

On receipt of same, respondent no.5 shall forward the same upon processing the transfer application of the petitioner by fortnight thereafter to the Chairman, West Bengal Central School Service Commission being respondent no.4.

On receipt of transfer application, respondent no.4 shall decide the same in accordance with law by six weeks thereafter.

The decision to be taken by the respondent no.4 shall be communicated to the petitioner by ten days thereafter.

The writ petition stands disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)