14.08.2025 rpan/15 MAT 2217 of 2024 + IA No.: CAN No. 1 of 2024 Manojit Rishi – Versus – The State of West Bengal & Others Mr. Ujjal Ray, Mr. Binit Kumar … for the Appellant. Mr. S. Sengupta, Mr. Tarak Karan … for the State/Respondents. Mr. Sourav Mitra ... for the CSSC. Let the Affidavit-of-service, as filed, be kept on record. The petitioner has carried an appeal from the order of 28th November, 2024 dismissing the writ petition, being WPA 26934 of 2024, inter alia on the ground that an offline transfer application under Rule 4(a) of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 (hereinafter referred to as the Rules of 2015), as the transfer is on medical ground of parents, is impermissible. Hence, the application for transfer should be treated as one on general ground of distance. Such transfer application should not be considered in the offline mode as “it may open floodgate.” The petitioner/appellant is an assistant teacher of Geography in Sadlichak High School (H.S.) under Harishchandrapur – II block, in the district of Malda since December 19, 2013. The appellant/petitioner had filed his application for transfer in the offline mode on February 4, 2021 in the prescribed format along with all necessary and requisite No Objection and declaration from the school authorities. In fact, a letter of reminder was also given to the District Inspector of Schools (S.E.), Malda (in short, D.I.) on 6th August, 2024 requesting such transfer. The application for transfer is on the ground of distance, which is approximately 80 kilometers, added to the fact that the petitioner had to take care of his old and ailing parents. The application for transfer has been kept pending since 2021, in spite of reminders given to the D.I. in 2024, on multiple occasions. Mr. Ray, learned advocate appearing for the appellant/petitioner has argued that the appellant is entitled to make an application for transfer whether it is on medical ground or any other ground including the ground of general transfer on special ground. The transfer application, in an offline mode, is not wholly barred, especially when the online mode is not available as at present. Mr. Mitra, learned advocate appearing for the Commission has also fairly submitted that there is no bar to make an offline application for transfer since there is no online portal available at present. 2 Mr. Karan, learned advocate appearing for the State/respondents has argued that if it is indeed an application under Rule 4(a) of the Rules of 2015, the same is not maintainable as it does not cover the parents of an incumbent. It extends to an incumbent and to his/her spouse, son/daughter. From the application request and the form of the petitioner, it is clear that it is not one on medical ground, as contemplated in Rule 4(a) of the Rules of 2015, but an application for general transfer on special ground, which is “distance”. Had the application been one on medical ground, the views of the Chief Medical Officer of Health (CMOH) would have been taken. His application is one for general transfer on special ground (distance) and not one on medical ground as stipulated in Rule 4(a). The amended Rule 4(a) does not prohibit offline transfer application. The application is also not within the confines of Rule 4(a), which relates to a medical ground. The transfer application is a general transfer on the special ground of distance to enable the petitioner to take care of his parents. There is absolutely no bar for making an offline application, especially since the online portal is presently unavailable. We find that prior to introduction of the application through online portal some time in 2021, the offline application was in force by the Notification of March 11, 3 2015. Since the notification of 2021, all applications are to be made online. However, in the event, the online portal is unavailable, as at present, the effect of the 2015 notification which is still in force, entitles the petitioner to apply for his transfer offline. This is exactly what the petitioner has done. In view of the aforestated, we set aside the order impugned dated 28th November, 2024 and allow the appeal. We direct the school authorities, being the respondent nos. 7, 8 and 9 to forward a copy of the application along with the No Objection Certificate issued by the school to the respondent no.6 (DI, SE, Malda) within a period of two weeks from the date of communication of this order. We also direct the D.I., being respondent no.6 herein, upon receipt of the application from the school authorities, to take a decision in respect of the transfer of the appellant/petitioner in accordance with law within a period of two weeks. If the decision is in favour of the appellant/petitioner allowing his transfer, the D.I. is directed to forward a copy of the recommendation within a period of two weeks thereafter to the Commission, being the respondent no.5. Upon such recommendation being forwarded to the Commission, it will take appropriate steps towards granting its sanction to the appellant/petitioner in accordance with law within a period of two weeks. 4 In the event D.I. rejects the application of the appellant/petitioner, he/she will communicate the reasoned decision to the appellant/petitioner within a period of two weeks. With these observations and directions, the appeal and the connected applications are disposed of. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities. (Reetobroto Kumar Mitra, J.) (Tapabrata Chakraborty, J.) 5