Sankar Prasad Mandal v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 05.08.2025 rkd W.P.A. 13757 of 2025 Ct.18 DO Sankar Prasad Mandal -vsThe State of West Bengal & Ors.

Mr. Shubro Prokash Lahiri, Mr. Rajesh Naskar, Mr. Ankan Mandal ....for the petitioner.

Mr. Tapan Coomar Dey, Ms. Susmita Biswas Chowdhury ....for the State.

Mr. Sourav Mitra, ........for the WBCSSC.

1.

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

2.

Petitioner prays for transfer in the prescribed format on 26th March, 2025 on the ground of distance in between the present school of the petitioner and his place of residence.

3.

However, it is submitted that petitioner is single teacher in the subject in the school. It is also contended on behalf of the petitioner that school authority has not issued "No Objection" till date which is not the correct stand of the school authority. If petitioner is found to be single teacher

in the subject in the school, school authority needs to forward the transfer application to the concerned District Inspector of Schools (SE), Jhargram being respondent no.5 for taking steps in terms of Government notification dated 3rd January, 2022. 4.

In spite of service of notice school authority is not represented.

5.

However, State respondents and West Bengal Central School Service Commission are represented by learned advocates.

6.

School authorities being respondent nos.7 & 8 are directed to issue "No Objection" for transfer of the petitioner within fortnight from the date of communication of this order and forward the transfer application to the respondent no.5 for taking further steps within the aforesaid time. 7.

On receipt of transfer application in offline mode, respondent no.5 shall make an endeavour to find out willing teacher from neighbouring school to man the post of the petitioner which is to be created on transfer of the petitioner.

8.

If such alternative arrangement is made in the school of the petitioner, petitioner shall be transferred immediately thereafter in accordance with law.

9.

The writ petition stands disposed of.

10. However, there shall be no order as to costs.

11. 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.)