Nirmalya Maitra v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 18748 of 2025 16.09.2025 rkd Ct.18 DO Nirmalya Maitra -vsThe State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri, ....for the petitioner.

Mr. Supriyo Chattopadhyay, Ms. Sayantanee Bhattacharjee ....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 being the Headmaster of a Government aided school has made an application for transfer in prescribed proforma in offline mode on 9th June, 2025 on the ground of distance in between the present school of the petitioner and his place of residence.

3.

It is also submitted on behalf of the petitioner that "No Objection" was issued by the school authority where petitioner is presently working but subsequent thereto transfer application is yet to be forwarded to concerned District Inspector of Schools (SE).

4.

State respondents and West Bengal Central School

Service Commission are represented by learned advocates.

5.

It is submitted on behalf of the State respondents that unless transfer application is forwarded to the District Inspector of Schools (SE) further steps for processing said application cannot be taken.

6.

Since school authority has already issued "No Objection" on transfer application of the petitioner, concerned authority of Mahendra High School, Dakshin Dinajpur is directed to forward transfer application of the petitioner to District Inspector of Schools (SE) by seven days from the date of communication of this order.

7.

On receipt of transfer application District Inspector of Schools (SE) shall process the transfer application of the petitioner and forward the same to the West Bengal Central School Service Commission for taking decision by four weeks thereafter.

8.

On receipt of transfer application, the Secretary, West Bengal Central School Service Commission is directed to decide the transfer application of the petitioner in accordance with law by four weeks thereafter.

9.

The decision to be taken by the Secretary shall be communicated to the petitioner by fortnight

thereafter.

10. However, it is made clear that suspension of Utsashree portal shall not be a ground for rejecting the transfer application of the petitioner.

11. Leave is granted to the learned advocate for the petitioner to amend the cause title and add Secretary, West Bengal Central School Service Commission as additional respondent in course of this day.

12. However, service of notice upon the additional respondent stands dispensed with since Commission is represented by learned advocate.

13. The writ petition stands disposed of.

14. There shall be no order as to costs.

15. 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.)