19/03 2026 AD-06/24 266312 NANDY (CO-DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 1279 of 2026 DILIP KUMAR MANDAL Vs. THE STATE OF WEST BENGAL & Ors. Mr. Sudip Ghosh Chowdhury, Advocate Ms. Shreyeta Mitra, Advocate Ms. Pritha Biswas, Advocate Ms. Upasana Sarkar, Advocate …...for the Petitioner Mr. Kunal Ganguly, Advocate ……for the WBBSE Mr. Kanak Kiran Bandopadhyay, Advocate ……for the WBSSC Mr. Sanat Kumar Biswas, Advocate ……for the State 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 (S.C.) in Sanskrit at Kashmoli Nigna S.C. High School (HS), Howrah. 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. The rejection of an earlier application by the respondent no. 5 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. The decision taken by the District Inspector of Schools, is prima facie faulty and not in consonance with the 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 P a g e | 2 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. 6) by 15.04.2026. 8. The respondent no. 6 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 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 1279 of 2026 is disposed of. No order as to costs. (Reetobroto Kumar Mitra, J.)