Debnath Mondal v. State Of West Bengal And ORS.

14th Jan., 2026 In the High Court at Calcutta Item no.M/L 181 Court No. 18 Susanta, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 12924 Of 2022 In the matter of :

Debnath Mondal .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Ujjal Ray, Mr. Binit Kumar, ....Advocates For the State:

Mr. Manas Kundu, Mr. Debabrata Mondal, ....Advocates For the CSSC:

Mr. Sourav Mitra .... Advocate

1. Affidavit-of-service filed in Court be taken on record.

2. Report forwarded by the District Inspector of Schools (Secondary Education), Purba Medinipur signed on 24th November, 2022 is also taken on record.

3. The petitioner's prayer for transfer stood rejected by the District Inspector of Schools, Secondary Education, Purba Medinipur on the ground that a willing teacher could not be found to teach the students if the petitioner is permitted to be transferred as he is a single-subject teacher.

4. 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 1 of 2024 (Gokul Chandra Mallick Vs. The State of West Bengal & Ors.).

5. 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.

6. By a further order dated July 31, 2025 in FMA No. 995 of 2025 with CAN 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.

7. In the instant case, it appears that the prayer of the petitioner seeking transfer practically stood rejected as alternative arrangement to teach the students could not be arranged. The reason for rejecting the transfer has been found to be not tenable in the eye of law by the order passed by this Court in the matters mentioned hereinabove.

8. Under such circumstances, the District Inspector of Schools (SE), Purba Medinipur being the respondent no. 5 herein is directed to consider 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).

9. The entire exercise shall be completed by the concerned District Inspector of Schools preferably within three months from the date of communication of this order despite suspension of the Utshasree portal.

10. The writ petitions 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.)