Tripty Banerjee v. State Of West Bengal And ORS.

20th Jan., 2026 In the High Court at Calcutta Item no.D/L 24 Court No. 18 Pradip, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 24685 of 2023 In the matter of :

Tripty Banerjee .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Sudip Ghosh Chowdhury ....Advocates For the WBCSSC:

Mr. Kanak Kiran Bandopadhyay ....Advocate For the W.B.B.S.E:

Ms. Koylei Bhattacharyya Mr. Bibek Dutta Mr. Manas Bhattacharyya ....Advocates For the State:

Mr. Debjit Mukherjee Ms. Kalpita Paul ....Advocates

1. Affidavit of service filed in Court today is taken on record.

2. The prayer of the petitioner seeking transfer was forwarded by the head of the institution to the District Inspector of Schools with the observation that the petitioner is a single-subject teacher.

3. Reliance has been placed on the judgment delivered by an Hon'ble Division Bench of this Court on a similar issue on August 8, 2024 in MAT No. 1218 of 2024 with CAN 1 of 2024 (Gokul Chandra Mallick Vs. The State of West Bengal & Ors.).

4. The Court was of the opinion that the notification relied upon by the authority for not disposing of the application for transfer of the petitioner casts a duty on the District Inspector of Schools to make

arrangement within a time-bound manner. The court directed the District Inspector of Schools to consider the application for transfer.

5. By a further order dated July 31, 2025 in FMA No. 995 of 2025 with CAN 1 of 2025 (Rupak Dhua Vs. The State of West Bengal & Ors.), the Hon'ble Division Bench was pleased to observe that the claim for transfer cannot be kept in abeyance till a willing teacher is found. The Court was pleased to direct the District Inspector of Schools to take expeditious steps for filling up the resultant vacancy that might arise after the candidate's transfer is allowed.

6. Under such circumstances, the District Inspector of Schools (SE), Howrah being the respondent no. 4 herein is directed to consider the petitioner's application for transfer and dispose of the same in accordance with law and in line with the judgment referred to herein above irrespective of the fact whether any alternative arrangement could be made or not. The resultant vacancy on the transfer of the petitioner shall be filled up in the manner as directed by the Hon'ble Division Bench in the matter of Rupak Dhua (supra).

7. The entire exercise shall be completed by the concerned District Inspector of Schools preferably within three months from the date of communication of this order despite suspension of the Utshasree portal.

8. The writ petition stands disposed of.

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