02.07.2026 Sl. No.19 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 20927 of 2025 Amita Patra & anr. Versus The State of West Bengal & Ors. Mr. Anindya Bose Mr. Santanu Maji Ms. Debrani Mondal Ms. Raina Das …for the Petitioners. Mr. Ratul Biswas, Mr. Kaushik Chowdhury, …for the WBBPE. Mr. Kamal Mishra …for the DPSC, Purba Medinipur. Mr. Madhu Jana, Mr. Rahul Agarwala …for the State. Mr. Gourav Das … for the DPSC, South 24-Parganas 1. By the present writ petition, the petitioners seek for setting aside of the impugned order issued by the Secretary, West Bengal Board of Primary Education, respondent no.4 under Memo No.1825(4)/WBBPE/ 946L-02/25 dated 11th August, 2025, rejecting the prayer of the petitioners seeking mutual transfer. 2. This is second round of litigation. 3. The petitioners contend that both of them are Assistant Teachers in different primary schools. Petitioner no.1 joined in Dhekua Farukia Mardash under the Purba Medinipur District Primary School Council, Sutahat North Circle on 31st August, 2021 and petitioner no.2 joined in Ambikanagar 2 Gunasindhu J.B. School under Kultali (S) Circle under District Primary School Council, South 24- Parganas on 15th February, 2017. Petitioner no.2 was transferred on administrative ground on 10th March, 2022. The petitioners applied for mutual transfer on 19th December, 2024. Since the said application seeking mutual transfer was not considered, both the petitioners filed a writ petition being WPA 2379 of 2025. The aforesaid writ petition was disposed of on 20th February, 2025 with the following direction: “ The said Councils shall form their opinions on the said representations within a period of two weeks from date ad shall then, send the same to the West Bengal Board of Primary Education for consideration of the prayer of the petitioners for mutual transfer in accordance with law. The Board shall complete its drill in this regard expeditiously, preferably within a period of six weeks from the date of receipt of the opinion from the said Councils.” 4. Pursuant to such order, the Secretary, West Bengal Board of Primary Education, respondent no.4 passed the impugned order on 11th August, 2025 rejecting the prayer for mutual transfer of the petitioners on the ground that petitioner no.2 enjoyed his last transfer on 22nd March, 2022 and thus such prayer contravenes the provisions of Rule 6(1) of the West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002 (hereinafter referred to as „Rules of 2002‟) which provides that no teacher is eligible for transfer for a period of five years from the date of his transfer. 3 5. Being aggrieved by and dissatisfied with the impugned order, the petitioners have preferred the present writ petition. 6. Mr. Anindya Bose, learned Advocate for the petitioners submit that previously petitioner no.2 was transferred on administrative ground and not on the basis of his application for transfer. Therefore, the bar under Rule 6(1) of Rules of 2002 does not and cannot apply in the case of the petitioner no.2. To buttress his contention he relies on the decision of the Coordinate Bench of this Hon’ble Court passed in Saheli Mondal versus The State of West Bengal & ors. (In re: WPA 17750 of 2024). In light of his aforesaid submissions he seek for setting aside of the impugned order with liberty to the petitioners to submit fresh application for mutual transfer through online portal i.e. “Utsashree”. 7. Mr. Kaushik Chowdhury, learned Advocate representing the West Bengal Board of Primary Education, on the contrary, submits that the Rule 6(1) of Rules of 2002 does not provide for any such eventuality enabling a teacher to seek for transfer within a period of five years, if previously he/she is transferred on administrative ground. Therefore, the provision of Rule 6(1) of Rules of 2002 creates a bar for the petitioner no.2 to seek for mutual transfer since such prayer has been made within a period of five years. Thus, the impugned order does not call for 4 interference. He seeks for dismissal of the writ petition. 8. Learned Advocates representing the respective District Primary School Councils as well as State submit in similar fashion. 9. Upon consideration of the submissions advanced on behalf of the respective parties the only issue which falls for consideration is whether the impugned order dated 11th August, 2025 of the Secretary, West Bengal Board of Primary Education, respondent no.4 is sustainable or not. 10. In order to examine the aforesaid issue it would be apposite to reproduce the relevant provisions of Rule 6 of Rules of 2002 as hereunder: “6. Bar to transfer. – (1) No teacher shall be eligible to apply for transfer for a period to five years from the date of transfer. (2) No teacher shall be eligible for transfer if he attains the age of fifty-seven years. (3) No prayer for transfer shall be entertained for next five years if the transfer order is not carried out by an approved teacher in whose favour a transfer order is issued.” 11. Upon bare reading of the aforesaid provision, it is found that Rule 6(1) of Rules of 2002 provides that no teacher shall be eligible to apply for transfer for a period of five years from the date of transfer. 12. Be that as it may, admittedly the earlier transfer of petitioner no.2 was made on 10th March, 2022 on administrative ground. The petitioner no.2 never applied for the aforesaid transfer. Therefore, the right of the petitioners to seek further transfer under the existing Rules cannot be obliterated on the ground 5 that transfer has been sought for within five years of the previous transfer of the petitioner no.2, since the previous transfer was made on administrative ground and not on the prayer of the petitioner no.2. Thus, this court finds substance in the submission of Mr Bose, learned advocate for the petitioners relying on Saheli Mandal (supra) in this regard. In view of the above it is found that the impugned order of respondent no.4 is not sustainable. 13. Accordingly, the impugned order dated 11th August, 2025 passed by the Secretary, West Bengal Board of Primary Education, respondent no.4 is hereby set aside. 14. The petitioners are granted liberty to apply for mutual transfer through “Utsashree” portal. On submission of such application the authority concerned shall consider the same in accordance with law. 15. Accordingly, the writ petition being WPA 20927 of 2025 stands disposed of. 16. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 17. Interim order, if any, stands vacated. 18. All connected applications, if any, stand disposed of. 19. There shall be no order as to costs. 20. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 6 21. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.)