Sutapa Roy v. The State Of West Bengal And ORS.

4th Feb., 2026 Item no.M/L 123 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 22146 of 2022 In the matter of :

Sutapa Roy .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Ujjal Ray Mr. Abdur Rahim ....Advocates For the WBCSSC:

Mr. Sourav Mitra ....Advocate

1. The petitioner's application seeking transfer on medical ground was returned by the DI of Schools on 8th August, 2022 with the remarks to avoid single teacher condition in the school.

2. The petitioner presses for transfer.

3. As per the notification dated 8th September, 2021, application for transfer made on medical ground is exempted from the restriction of transfer in respect of single subject teacher. It appears that the School had applied wrong Rule to reject the prayer for transfer of the petitioner.

4. It appears that nearly four years have elapsed from the date the application of the petitioner seeking transfer stood disallowed by the head of the institution. There may have been change in the staff strength of the school in the meantime.

5. In view of the above, the instant writ petition stands disposed of with the observation that it will be open for the petitioner to make fresh offline application seeking transfer in the prescribed format disclosing ground for the same.

6. In the event such an application is made, the same shall be considered by the head of the institution in accordance with the prevailing transfer rules. The petitioner shall be medically checked up by the Block Medical Officer of Health and if the medical report suggests any condition eligible for transfer, then the head of the institution shall forward the application of the petitioner to the DI of Schools for taking necessary consequential steps in the matter.

7. Steps shall be taken by the head of the institution at the earliest but positively within a period of eight weeks from the date of receipt of the application from the petitioner.

8. The fate of the petitioner's application shall be made known to the petitioner.

9. Suspension of the Utsashree portal will not stand in the way of the respondents to consider the application for transfer made by the petitioner.

10. The writ petition stands disposed of.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)