Tapas Kumar Mandal v. State Of West Bengal And ORS.

08-12-2025 Item No.16 Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.29034 of 2024 Tapas Kumar Mandal -vsThe State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri ...for the petitioner Mr. Biplab Guha Ms. Amrita Tewari ...for the State Mr. Sourav Mitra ...for the Commission 1.

Learned counsel for the State has obtained the roll strength of the school wherefrom it appears that the pupil-teacher ratio is 294:1. There are two teachers in Bengali subject in the regular section including the petitioner. The school is a bilingual one (Bengali and Urdu medium).

2.

The petitioner's application seeking transfer, though approved by the school, stood rejected by the concerned District Inspector of Schools by holding the same that the petitioner does not fall within the 10% strength of teachers that may be transferred.

3.

As more than three years have elapsed from the date of rejection of the petitioner's prayer for transfer, accordingly, the matter is remanded back to the DI of Schools to reconsider whether the petitioner's prayer for transfer can be accepted taking into consideration the present scenario.

4.

The DI shall take into consideration the

notification being No.SE/S/IS-04/95 (Pt III) dated January 3, 2022 at the time of consideration of the petitioner's prayer for transfer.

5.

Steps shall be taken in the matter at the earliest but positively within twelve weeks from the date of communication of this order.

6.

The writ petition is disposed of.

7.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

8.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]