27 10.02.2026 Ct. No.18 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 27627 of 2022 Biswanath Naiya v. The State of West Bengal & Ors. Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Debalina Chakraborty … For the petitioner Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee … For the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta … For WBBSE Dr. Sutanu Kumar Patra Ms. Supriya Dubey … For WBCSSC 1. Affidavit of service filed in Court today is taken on record. 2. Leave is granted to the learned advocate-on- record of the petitioner to implead the Commissioner of School Education, West Bengal as party respondent in the instant writ petition. Service of a copy of the writ petition upon the Commissioner of School Education stands dispensed with as the State is represented by the learned advocate. 3. The petitioner was transferred on special ground to the post of Assistant Teacher by the West Bengal Board of Secondary Education on 18th September, 2021. The petitioner joined the transferee school despite there being no sanctioned vacancy. 2 4. The petitioner has applied for re- recommendation before the Commissioner of School Education by filing representation in May 2022. The same is pending consideration till date. 5. Learned advocate for the State respondents does not have any instruction in the matter. 6. In view of the above, the instant writ petition stands disposed of by directing the Commissioner of School Education to take into consideration the petitioner’s prayer seeking re- recommendation in any school with matching vacancy in accordance with law at the earliest but positively within a period of twelve weeks from the date of communication of this order. 7. The Commission shall keep in mind that the petitioner’s application for transfer was allowed in one of the preferred schools by the petitioner. 8. The choice of the petitioner shall be taken into consideration at the time of passing the order of re- recommendation. 9. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 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.)