Goutam Mandi And ANR. v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 22.09.2025 rkd W.P.A. 20208 of 2025 Ct.18 DM Goutam Mandi & Anr.

-vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra, Ms. Pritha Biswas ....for the petitioner.

Mr. Saibal Acharya, Ms. Sanchayita De ....for the State.

Mr. Sunit Kumar Roy ....for the WBCSSC.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta ....for the WBBSE.

1.

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

2.

Petitioners made applications for transfer on mutual ground and prayer is made for consideration of their applications by the concerned authority of West Bengal Central School Service Commission.

3.

Learned advocate representing the West Bengal Central School Service Commission has pointed out that in terms of Rule 4(2) of the West Bengal School Service Commission (Mutual Transfer) Rules, 2012 (hereinafter referred to as the "said Rules, 2012") petitioners are required to submit "No Objection and Declaration of the school" along with mutual

transfer applications.

4.

But in the present case, petitioners have not stated in the writ petition whether they have obtained No Objections or not.

5.

On query being posed to the learned advocate representing the petitioners whether petitioners have obtained No Objections from their respective schools, Court does not get satisfactory reply. 6.

In the writ petition no statement is made whether petitioners have obtained No Objections as required in terms of Rule 4(2) of the said Rules, 2012. 7.

In view of absence of No Objections prayer of the petitioners ought not to be allowed as the same would be contrary to Rule 4(2) of the said Rules, 2012.

8.

Hence, the writ petition stands dismissed.

9.

However, this order shall not preclude the petitioners to take steps for their mutual transfer in accordance with law.

10. 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.)