Tanmoy Sindal v. State Of West Bengal And ORS.

19.11.2025 Court No.18 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 25361 of 2025 Tanmoy Sindal -versus The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ...For the petitioner Mr. Sunit Kumar Roy ... For the WBCSSC Ms. Tanusri Chanda ... For the State 1.

Affidavit of service filed in Court is taken on record.

2.

The petitioner is suffering from Cancer. His application seeking transfer along with 'no objection' has been forwarded by the school to the District Inspector of Schools (Secondary Education), Purulia. The same is pending consideration.

3.

Learned advocate for the petitioner relies on the judgment delivered by the Hon'ble Division Bench of this Court on 5th December, 2024 in MAT 1706 of 2024 with CAN 2 of 2024 (Mithun Roy v. The State of West Bengal & Ors.) wherein the Court was of the opinion that a teacher is entitled to seek for transfer and such right emanates from the statutory provisions. It is obligatory on the part of the authorities concerned to take a conscious decision thereupon. Mere suspension of the facilities cannot ipso facto repeal the statutory

provision nor can curtail such statutory right. Even if the portal is suspended, there is no difficulty on the part of the authority to take printout of the application and process the same manually in terms of the statute. 4.

In view of the above, the instant writ petition stands disposed of by directing the District Inspector of Schools (Secondary Education), Purulia to take a decision on the application for transfer made by the petitioner after taking into consideration the 'no objection' given by the school.

5.

The aforesaid respondent shall consider the case of the petitioner on the hardcopy of the documents available in the records of the District Inspector of Schools.

6.

A decision shall be taken by the authority at the earliest, but positively within a period of eight weeks from the date of communication of this order. 7.

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

8.

If the application of the petitioner is allowed, then necessary consequential steps shall be taken by the authority without any further delay.

9.

The writ petition stands disposed of.

10. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

11. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Amrita Sinha, J.)