Sanchita Jana v. State Of West Bengal And ORS.

ML 127 11.11.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 12095 of 2025 Sanchita Jana -versus The State of West Bengal & Ors.

Mr. Firdous Samim, Ms. Gopa Biswas, Mr. Mainak Ghosal, Ms. Ankita Ghosh, Ms. Rajashree Saha.

...For the Petitioner.

Mr. Amit Gupta.

...For the State.

Ms. Koyeli Bhattacharyya.

...For WBBSE.

Ms. Sabnam Sultana.

...For the Respondent Nos. 8 and 9.

Mr. Kanak Kiran Bandyopadhyay.

...For WBCSSC.

1.

The application of the petitioner seeking transfer was returned by the Head of the Institution on the ground that she was a single subject teacher. 2.

Whether single teacher can be transferred or not has been answered by the Hon'ble Division Bench of this Court on 31st July, 2025 in FMA 995 of 2025 + IA No.: CAN 1 of 2025 Rupak Dhua Vs. The State of West Bengal & Ors. wherein the Court took note of the notification dated 3rd January, 2022 amending the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015.

3.

The Court was of the opinion that the aforesaid notification states that it would be an obligation on the part of the District Inspector of Schools (S.E.) to take urgent steps in a time bound manner to search for a teacher on the same subject from nearby schools and make local arrangement so that the teacher of the other school attends the school wherefrom the single teacher had applied for transfer. The petitioner's claim for transfer cannot be kept in abeyance till a willing teacher is found.

4.

The impugned order of rejection was passed more than three years back. The petitioner presses with her claim for transfer.

5.

In view of the above, the school authority and the District Inspector of Schools (S.E.), Paschim Medinipur is directed to take steps to consider the petitioner's application seeking transfer in accordance with the present Rules and in line with the order passed by the Hon'ble Division Bench in the matter of Rupak Dhua (supra) at the earliest, but positively within a period of eight weeks from the date of communication of this order.

6.

If the prayer of the petitioner is allowed, then necessary consequential steps in accordance with law shall be taken by the authority. The fate of the application for transfer shall be communicated to the petitioner.

7.

The writ petition stands disposed of.

8.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

( Amrita Sinha, J.)