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Calcutta High Court · body

2026 DAILYLAW 208 (CAL)

KARTIK BHATTACHARYA v. STATE OF WEST BENGAL AND ORS.

WPA/20715/2022 · 2026-02-05

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5th Feb., 2026 Item no.D/L 44 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 20715 of 2022 In the matter of : Sri Kartik Bhattacharya …. Petitioner VS. The State of West Bengal & Ors. ….Respondents For the Petitioners: Mr. Arka Bhattacharya ….Advocate For the WBCSSC: Mr. Dr. Sutanu Kumar Patra Ms. Supriya Dubey ….Advocates 1. Affidavit of service filed in Court today is taken on record. 2. Instruction forwarded by the Secretary, West Bengal Central School Service Commission signed on 2nd September, 2022 filed in Court today is taken on record. 3. The petitioner is an assistant teacher in the subject geography and he was serving in a school with zero enrolment. In view of the administrative order of transfer issued, he got transferred in the year 2021. 4. The allegation of the petitioner is that in the school where he has been transferred does not have any approved post of geography. 5. Prayer has been made to direct the Commission to recommend his name for transfer in any other school where there is an approved post for the subject geography. 6. It appears that, presently, the petitioner is not taking any classes in the school. 7. Learned advocate representing the Commission submits that till an approved vacancy is provided by the District Inspector of Schools Page 2 where the petitioner may be recommended, the Commission will not be able to identify the vacancy for recommending the petitioner. 8. None represents the State respondents. 9. Upon hearing the submissions made on behalf of the petitioner and the Commission, it appears that the petitioner is receiving his salary for years together without rendering any service. Initially he was serving in a school with zero enrolment and thereafter got recommended for transfer to a school without any approved post. 10. The State respondents ought to take notice of the above issue and intimate the Commission a school with sanctioned vacancy in the subject geography where the petitioner may be transferred. 11. Steps shall be taken by the District Inspector of Schools, Secondary Education, Purba Medinipur at the earliest but positively within a period of four weeks from the date of communication of this Court. 12. On receipt of intimation of vacancy from the District Inspector of Schools, the Commission shall take steps within two weeks to recommend the petitioner to a school with sanctioned vacancy in the subject of geography. 13. The Board shall issue necessary order of transfer within a fortnight thereafter. 14. The writ petition stands disposed of. 15. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)