Naru Gopal Ghosh And ANR. v. The State Of West Bengal And ORS.

jks 27.10.2025 WPA 19058 of 2025 Naru Gopal Ghosh & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Santanu Maji Mr. Subhayu Das Ms. Debrani Mondal ... ... for the petitioners Mr. Supriyo Chattopadhyay Ms. Saytantanee Bhattacharjee ... ... for the State Mr. Ratul Biswas Mr. Kaushik Chowdhury ... ... for the WBBPE Mr. S. Sen Mr. Kaushik Chawdhury ... ... for the BDPS Council.

Learned counsel appearing for the petitioners submits that since the initial appointment, petitioners have been rendering their continuous and uninterrupted service in their respective schools and moreover discharging their duties as Assistant Teachers of the schools where they are working as Assistant Teachers. Learned counsel further submits that both the petitioners have made their offline applications for transfer dated 16.05.2025 before the Chairman, Birbhum District Primary School Council, as UTSASREE portal which would have come to their assistance has not accepted their applications for transfer showing a remark "same circle transfer not allow".

According to the petitioners there is no bar as prescribed under West Bengal Primary Education (Transfer and Teachers including Head Teacher) Rules, 2022 read with Notification dated 13th September, 2021 for mutual transfer of teachers within the same circle of a particular Council and as such the Council has neglected to consider their applications which were made by them for mutual transfer.

Heard learned counsels appearing for the parties. Petitioners an application on 16.05,2025 before the Chairman, Birbhum District Primary School Council, being the respondent No.6 herein. The Birbhum District Primary School Council will consider such applications within a period of eight weeks from the date of communication of the order by the petitioners. It is needless to mention here that opportunity of hearing has to be provided by the Birbhum District Primary School Council to the petitioners before considering their applications and the Council should also allow the petitioners to submit whatever relevant documents required by them.

A reasoned order which has to be passed by the Birbhum District Primary School Council should be communicated to the petitioners within a period of two weeks from the date of passing of reasoned order.

The writ petition is disposed of, however, no order as to costs.

Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of all requisite formalities.

(Rajarshi Bharadwaj, J.)