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2026 DAILYLAW 20243 (CAL)

SAMIR SINGH v. STATE OF WEST BENGAL AND ORS.

WPA/5979/2026 · 2026-05-08

Reetobroto Kumar Mitra

body2026

Judgment text

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08/05 2026 AD/938/24 266312 NANDY (DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/5979/2026 SAMIR SINGH Vs. THE STATE OF WEST BENGAL & ORS. Mr. Sakti Pada Jana, Advocate Mr. Subhajyoti Das, Advocate Ms. Sudipta Pramanik, Advocate …...for the Petitioner 1. Affidavit of service, as filed, be kept with the record. 2. In spite of service, the School Authority is not represented. 3. The petitioner is an Assistant Teacher in History at Dariapur Imampur Barambol High School (HS), Malda. 4. The petitioner has made an application for transfer on own seeking on the ground of distance. 5. The said application is pending since 2022. 6. Non-consideratgion of an application on the ground of Single Teacher issue, cannot be considered in this application as this Hon’ble Court has held in MAT 1218 of 2024 (Gokul Chandra Mallick Vs. State of West Bengal & Ors.) and in FMA 995 of 2025 (Rupak Dhua Vs. State of West Bengal & Ors.) that the single teacher issue or dealing teacher issue is contrary to a Notification of January 3, 2022 in terms of the Memorandum No. SE/S/Is-04/95 (Pt-III). 7. 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 (respondent no. 3) by 31.05.2026. 8. The respondent no. 3 will deal with such application strictly and in line with the decisions in Gokul Chandra Mallick Vs. State of West Bengal & Ors. and Rupak Dhua Vs. State of West Bengal & Ors. (supra). 9. The suspension of ‘Utsashree Portal’ will not be an P a g e | 2 impediment for the concerned authority to consider the application for transfer of the petitioner. The same shall be considered in an offline mode. 10. With these observations, WPA/5979/2026 is disposed of. No order as to costs. (Reetobroto Kumar Mitra, J.)