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2026 DAILYLAW 16059 (CAL)

ASHIS KUMAR PATRA v. STATE OF WEST BENGAL AND ORS.

WPA/742/2026 · 2026-04-01

Reetobroto Kumar Mitra

body2026

Judgment text

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01/04 2026 AD/10/24 266312 NANDY (ST-DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/742/2026 ASHIS KUMAR PATRA Vs. THE STATE OF WEST BENGAL & ORS. Mr. Ujjal Ray, Advocate …...for the Petitioner Mr. Bikash Chakraborty, Advocate ……for the State Mr. Kanak Kiran Bandopadhyay, Advocate ……for the WBCSSC 1. Affidavit of service, as filed, be kept with the record. 2. In spite of service, none appears for the School Authorities. 3. The petitioner is aggrieved by the rejection of his transfer application on the ground of single subject teacher by the respondent no. 5. Such rejection was made in the year 2022 and has been challenged by way of this writ petition in 2026. 4. The surrounding facts and circumstances in the said School are bound to have changed over a period of four years. 5. The rejection of the District Inspector of Schools of the petitioner’s application for transfer seems quite contrary to the dictum of this Hon’ble Court as enshrined in the order dated 08.08.2024. 6. This Hon’ble Court has repeatedly and over a period of time from Gokul Chandra Mallick vs. State of West Bengal & Ors. in MAT 1218 of 2024 and Rupak Dhua vs. State of West Bengal & Ors. in FMA 995 of 2025 held that the single teacher issue or dealing teacher issue is contrary to a Notification of 03.01.2022 in terms of the Memorandum No. SE/S/Is-04/95 (Pt.-III). 7. The decision taken by the District Inspector of Schools is prima facie faulty and not in consonance with the P a g e | 2 dictum of this Hon’ble Court. However, since a long period of time has lapsed and the surrounding facts and circumstances may have changed, it would be appropriate for the petitioner to file a fresh application for transfer on the selfsame ground with the school authorities, who shall immediately issue a “No Objection Certificate” and forward the same to the District Inspector of Schools by 20.04.2026. 8. District of School Inspector of Schools being the respondent no. 5, will deal with such application strictly on the basis of and in line with Gokul Chandra Mallick (supra) and Rupak Duah (supra) within a period of eight weeks from the date of forwarding the “No Objection Certificate” by the school to the respondent no. 5. 9. With these observations, WPA/742/2026 is disposed of. No order as to costs. (Reetobroto Kumar Mitra, J.)