Swapan Kumar Sing v. State Of West Bengal And ORS.
ML 189 17.11.2025 d.p.
In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 11809 of 2024 Swapan Kumar Sing -versus The State of West Bengal & Ors.
Mr. Ujjal Ray.
...For the Petitioner.
Mr. Kanak Kiran Bandyopadhyay.
...For WBCSSC.
Mr. Kanai Lal Samanta.
...For the Respondent No.8.
1.
Affidavit of service filed in Court today is taken on record.
2.
The application for transfer made by the petitioner has been directed to be kept on hold by the District Inspector of Schools to the Head of the Institution on the ground that the petitioner is a single subject teacher.
3.
Reliance has been placed on the judgment delivered by the Hon'ble Division Bench of this Court on a similar issue on August 8, 2024 in MAT No.1218 of 2024 with CAN No.1 of 2024 (Gokul Chandra Mallick - vs- The State of West Bengal & Ors.).
4.
The Court was of the opinion that the notification relied upon by the authority for not disposing of the application for transfer of the petitioner casts a duty on the District Inspector of Schools to make arrangement within a time-bound manner. The Court directed the District Inspector of Schools to consider the application for transfer.
5.
By a further order dated July 31, 2025 in FMA No.995 of 2025 with CAN No.1 of 2025 (Rupak
Dhua -vs- The State of West Bengal & Ors.), the Hon'ble Division Bench was pleased to observe that the claim for transfer cannot be kept in abeyance till a willing teacher is found. The Court was pleased to direct the District Inspector of Schools to take expeditious steps for filling up the resultant vacancy that might arise after the candidate's transfer is allowed.
6.
In the instant case, it appears that the prayer of the petitioner seeking transfer has been kept on hold for a considerable period of time.
7.
Under such circumstances, the District Inspector of Schools (SE), Purba Medinipur, is directed to reconsider the petitioner's application for transfer and dispose of the same in accordance with law irrespective of the fact whether any alternative arrangement could be made or not. The resultant vacancy on the transfer of the petitioner shall be filled up in the manner as directed by the Hon'ble Division Bench in the matter of Rupak Dhua (supra).
8.
The entire exercise shall be completed by the DI of Schools preferably within three months from the date of communication of this order.
9.
All consequential steps shall be taken in accordance with law.
10. The writ petition stands disposed of.
11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
( Amrita Sinha, J.)