Rabin Haldar v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 17.09.2025 rkd W.P.A. 19339 of 2025 Ct.18 DO Rabin Haldar -vsThe State of West Bengal & Ors.

Mr. Sakti Pada Jana, Mr. Subhajyoti Das ....for the petitioner.

Mr. Arkadipta Sengupta, Mr. Prashant Kumar Tripathi ....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 made an application for transfer on general ground (distance) on portal on 9th February, 2022.

3.

While processing transfer application petitioner was found to be a single teacher in the subject in the school and taking note of this aspect concerned District Inspector of Schools (SE), Howrah being respondent no.3 sent back the transfer application of the petitioner to the school authority on 29th May, 2022.

4.

It is submitted by the learned advocate

representing the petitioner that in terms of Government notification dated 3rd January, 2022 respondent no.3 ought to have made attempt to provide local arrangement in the school of the petitioner for transferring the petitioner to another school as per transfer application.

5.

State respondents and West Bengal Board of Secondary Education are represented by learned advocates who have submitted that if applicant teacher is found to be a single teacher in the school steps are required to be taken by the concerned District Inspector of Schools (SE) in terms of Government notification dated 3rd January, 2022 instead of sending back the transfer application to the school where applicant teacher works.

6.

Having considered the respective submissions made on behalf of the parties, respondent no.3 is directed to make endeavour to find out a teacher of neighbouing school who can be deputed in the school of the petitioner for facilitating his transfer. 7.

If a teacher is deputed in the school of the petitioner, petitioner shall be transferred immediately thereafter in accordance with law. 8.

The writ petition stands disposed of.

9.

However, there shall be no order as to costs.

10. 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.)