Prasanta Hait v. State Of West Bengal And ORS.

10th Feb., 2026 In the High Court at Calcutta Item no.D/L 23 Court No. 18 Pradip, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 26641 of 2022 In the matter of :

Prasanta Hait .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Ujjal Ray Mr. Binay Kumar ....Advocates For the WBCSSC:

Mr. Sunit Kumar Roy ....Advocate

1. The petitioner's application seeking transfer stood rejected by the head of the institution on 20th September, 2022 on the ground that the petitioner was ineligible for transfer on account of not being within the ten percent limit of the total teachers' strength eligible for transfer. The petitioner application was also rejected earlier on the ground that the petitioner is a single subject teacher.

2. The petitioner presses for transfer.

3. 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.

4. Accordingly, the instant writ petition stands disposed of with the observation that it will be open for the petitioner to make fresh

application offline seeking transfer in the prescribed format disclosing ground for the same.

5. 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 and law laid down by the Hon'ble Division Bench of this Court on 31st July, 2025 in the matter of Rupak Dhua Vs. The State of West Bengal & Ors. [FMA 995 of 2025 with IA No.: CAN 1 of 2025] wherein the Court took note of the notification dated 3rd January, 2022 amending the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015.

6. The Court was of the opinion that the aforesaid notification states that it would be an obligation on the part of the District Inspector of Schools (SE) to take urgent steps in a time bound manner to search for a teacher on the same subject from nearby schools and make local arrangement so that the teacher of the other school attends the school wherefrom the single teacher had applied for transfer. The petitioner's 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.

7. A decision shall be taken at the earliest but positively within a period of eight weeks from the date of filing of the application.

8. The ground of single subject teacher cannot be relied upon by the authority to reject the prayer of the petitioner.

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

10. If the prayer of the petitioner is allowed, then necessary consequential steps shall be taken within any further delay.

11. Suspension of the Utsashree portal shall not stand in the way of the respondents in taking steps in terms of the order passed hereinabove.

12. The writ petition stands disposed of.

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