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Calcutta High CourtWPA/9079/2026disposed

Begum Tanvi v. State Of West Bengal And ORS.

2026-05-20Hon'Ble Justice Reetobroto Kumar Mitra3 pages

20.05.2026 sdas WPA 9079 of 2026 Begum Tanvi Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal .... for the petitioner Dr. Sutanu Kumar Patra Ms. Supriya Dubey .... for the WBCSSC

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

2. The petitioner is an Assistant Teacher in Charmandal CMPPBK Fulmohan High School, North 24 Parganas. Petitioner‟s application for general transfer on the ground of distance has been pending before the school authorities since February 17, 2026, even after issuing "No Objection Certificate" in favour of the petitioner.

3. Dr. Patra, learned Advocate appearing for the Commission, submits that the petitioner has joined the present school sometime in 2016 by way of a mutual transfer.

4. It has now been conclusively decided by a coordinate Bench of this Hon‟ble Court in WPA 15799 of 2025 (Manik Tudu vs. State of West Bengal & Ors.), the mutual transfer and general

transfer operate in two separate fields which do not overlap in any manner. Thus, this cannot be a ground not to consider the application of the petitioner.

5. The concerned authorities are directed to dispose of 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.

6. In view of the aforestated, 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 District Inspector of Schools (S.E.) will make necessary local arrangements in line with the Notification dated January 3, 2022 to fill up the resultant vacancy that may arise for the transfer of the petitioner.

8. 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.

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

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

(Reetobroto Kumar Mitra, J.)