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2026 DAILYLAW 14475 (CAL)

JADAB PAL v. STATE OF WEST BENGAL AND ORS.

WPA/26224/2025 · 2026-01-29

Amrita Sinha

body2026

Judgment text

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29th Jan., 2026 Item no.D/L 12 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 26224 of 2025 In the matter of : Jadab Pal …. Petitioner VS. The State of West Bengal & Ors. ….Respondents For the Petitioner: Mr. Saikat Paul Mr. Subhomoy Paul Mr. Soumik Dey Ms. Rina Das Mr. Madhav Dey ….Advocates For the WBCSSC: Mr. Kanak Kiran Bandopadhyay ….Advocate For the State: Mr. Dwarikanath Mukherjee Mr. Abdus Salam ….Advocates 1. Affidavit of service filed in Court today is taken on record. 2. The petitioner seeks transfer. His application was rejected by the Head of the Institution on 21st July, 2025 on the ground that the petitioner was a single subject teacher. 3. The petitioner filed fresh application for transfer in the offline mode. The same has not been considered by the Head of the Institution on the ground of suspension of Utsashree portal. 4. Reliance has been placed on the judgment delivered by an Hon’ble Division Bench of this Court on a similar issue on August 8, 2024 in MAT No. 1218 of 2024 with CAN 1 of 2024 (Gokul Chandra Mallick Vs. The State of West Bengal & Ors.). 5. The Court was of the opinion that the notification relied upon by the authority for not disposing of the application for transfer of the Page 2 petitioner casts a duty on the District Inspector of Schools to make arrangement within a time-bound manner. The court directed the District Inspector of Schools to consider the application for transfer. 6. By a further order dated July 31, 2025 in FMA No. 995 of 2025 with CAN 1 of 2025 (Rupak Dhua Vs. The State of West Bengal & Ors.), the Hon’ble Division Bench was pleased to observe that the 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. Under such circumstances, the Head of the Institution is directed to consider and dispose of the petitioner’s application for transfer in accordance with the prevailing transfer rules. The resultant vacancy on the transfer of the petitioner shall be filled up in the manner as directed by the Hon’ble Division Bench in the matter of Rupak Dhua (supra). 8. The Head of the Institution shall take steps preferably within three months from the date of communication of this order despite suspension of the Utsashree portal. 9. The writ petition stands disposed of. 10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)