Shubam Khati v. The State Of West Bengal And ORS

Item Nos.46 08.01.2026 Court. No. 2 GB CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JURISDICTION WPA 740 of 2025 Shubam Khati VS The State of West Bengal & Ors.

Mr. Pratap Khati, Mr. Avinash Kalikotey, Mr. Nishant Nav Rasaily.

... for the Petitioner.

Mr. Nabankur Paul, Ms. Bedashruit Bose ... for the State.

Mr. Sumit Kumar Roy ... for the SSC.

1. Affidavit-of-service filed in Court today, be kept with the record.

2. Despite service, none appears on behalf of the school managing committee.

3. The petitioner was appointed as an Assistant Teacher in Work Education subject at Dr. I.B. Thapu Nepali Vidyalaya. The service of the petitioner was approved on January 28, 2019. The residence of the petitioner is allegedly 70 kms. from his school. The petitioner is finding it difficult to serve at a place which is so far away from his residence. The petitioner also has two paternal aunts to look after, who are above 70 years.

4. The petitioner applied for transfer, through online mode under the Utshasree protral on January 27,

2021 to the head of the institution. The head of the institution forwarded the same to the concerned District Inspector of School (S.E.) and the same was forwarded to the West Bengal School Service Commission. However, the said application was returned on the ground of single subject teacher despite there is no objection from both the school.

5. The petitioner contends that the concerned respondent authority could not return the application of the petitioner only on the ground that the petitioner is a single subject teacher. The commission could not deprive the petitioner from having his transfer application considered.

6. Reliance has been placed on the notification issued by the Department of the School Education (Secondary Branch), Government of West Bengal dated January 3, 2022. By the said notification, it had been provided that in the event a single subject teacher makes an application for transfer, the School Managing Committee should not reject the application, but inform the District Inspector of Schools, Secondary Education about such application. The District Inspector of Schools, Secondary Education should immediately discuss the matter with the Commissioner of School Education and take urgent step in a time bound manner to search for a teacher on the same subject

from a nearby school and make a local arrangement so that the said teacher can attend the school from which a teacher had applied for transfer, at least on some days of the week, 3 on a temporary basis, till such time a permanent teacher in the same subject joins the schools.

7. Under such circumstances and based on the clarification/notification of the State Government, the writ petition is disposed of by setting aside the decision of the West Bengal School Service Commission. The said commission shall treat the writ petition as a representation and consider the application already filed earlier, a copy of which has been annexed to the writ petition and take steps in accordance with the notification dated January 3, 2022 which is quoted below. The relevant portion of the notification is as follows:- "In that event a single subject teacher makes application for transfer, the SMC will not reject the application and inform the DI(SE) about such application. The DI(SE) will immediately discuss the matter with the CSE in the DI(SE) will take urgent step in time bound manner to search for a teacher on the same subject from nearby and make local arrangement so that the teacher of the other school attends the schools wherefrom the teachers has applied for transfer on days of the weeks on a temporary basis till such time a permanent teachers subject joins.

The DI(SE) will inform such arrangement to the CSE who shall inform the matter to the Chairman of WBCSSC, President of WBBSE

and School Education Department, CSE will ensure such arrangement in 7 days."

8. If the petitioner fulfils the criteria, the fact that the petitioner is a single teacher shall not be held against his transfer. The arrangement as necessary shall be made in accordance with the provision of the notification.

9. If the Central School Service Commission finds the petitioner eligible for transfer, the matter will be 4 recommended to the West Bengal Board of Secondary Education.

The board will pass necessary orders. The vacancy position shall be shown to the petitioner in case the option of the petitioner is not available.

10. The entire exercise shall be completed through offline mode within a period of six months from the date of communication of this order.

11. Accordingly, the writ petition is disposed of.

12. However, there shall be no order as to costs.

13. Parties are directed to act on the basis of the server copy of this order (Shampa Sarkar, J.)