02.07.2026 Sl. No.22(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 23637 of 2025 Jiaul Hoque versus The State of West Bengal & Ors. Mr. Sudipta Dasgupta, Mr. Sondwip Sutradhar, Ms. Suryatapa Das …for the Petitioner. Mr. Avishek Prasad, Ms. Shreyasi Manna …for the DPSC, Malda. Mr. Brijendra Pratap Singh, Mr. Asit Kumar De …for the State. 1. Report in the form of affidavit filed by respondent No.5, Chairman, District Primary School Council, Malda is taken on record. Copy served. 2. By the present writ petition, the petitioner seeks for setting aside of the impugned order issued by the respondent No.5, Chairman, District Primary School Council, Malda vide Memo dated 28th August, 2025 no.3185/MDPSC/25. 3. The petitioner contends that he participated in Teacher’s Eligibility Test (in short, ‘TET’) 2014. The petitioner was not declared qualified. In terms of order of the Hon’ble Court, six marks were awarded to all the candidates including the petitioner and he became qualified in TET, 2014. Pursuant to order of the Hon’ble High Court petitioner participated in recruitment process initiated vide notification dated 2 23rd December, 2020 and appointment letter was issued to the petitioner on 24th November, 2022. The petitioner joined as an Assistant teacher in the primary school on 26th November, 2022. The service of the petitioner was directed by the Hon’ble Court to be treated notionally from 2017. On 20th December, 2024, the petitioner made a representation before the concerned authority seeking transfer. However, since the same was not considered he filed a writ petition being WPA 45 of 2025, which was disposed of on 6th March, 2025 directing the Chairman of the Council to consider the representation of the petitioner. 4. Pursuant to the aforesaid direction, the Chairman of the Council vide the impugned order rejected the prayer of the petitioner seeking transfer, hence this writ petition. 5. Mr. Sudipta Dasgupta, learned Advocate appearing for the petitioner submits that the prayer of the petitioner seeking transfer has been rejected by the Chairman of the Council on two-fold ground; firstly, that the Pupil Teacher Ratio (in short, ‘PTR’) is normal as per regular Teacher and if the petitioner is transferred to another school, there will be a deficit teacher in the school and secondly, the petitioner has not completed five years of service. As regards the first ground, with the passage of time, the PTR in the school has changed. So far as the completion of five years is concerned, he submits that pursuant to order 3 passed in WPA 20621 of 2024, the length of service of the petitioner has been directed to be calculated notionally from February, 2017 and therefore, the five years’ bar as per Rule 4(b) of the West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002 (hereinafter referred to as the ‘Rules of 2002’) cannot be made applicable in case of the petitioner. He seeks that liberty be granted to the petitioner to submit fresh application through “Utsashree” portal, since the same is made functional from 1st July, 2017. 6. On the contrary, Mr. Avishek Prasad, learned Advocate for the District Primary School Council, Malda appearing through virtual mode submits that though at present the PTR in the school is normal but with the transfer of the petitioner, there will be deficit of teachers in the present school which will affect the PTR. Further the petitioner has not completed five years of service since his joining. Therefore, the impugned order under challenge does not call for interference. 7. Upon hearing learned Advocates for the respective parties, the only issue which falls for determination is whether the order dated 28th August, 2025 passed by the respondent No.5, Chairman, District Primary School Council, Malda is sustainable or not. 8. At the first instance, it will be profitable to discuss the second ground as to whether the petitioner has 4 completed five years or not. It is not in dispute that in WPA 20621 of 2024, the petitioner is directed to be entitled to notional increments and the length of service was directed to be calculated from February, 2017. Therefore, completion of five years, as indicated in the impugned order cannot stand in the way of granting transfer to the petitioner. 9. So far as the PTR is concerned, it would be left open for the authority concerned to take into consideration such aspect at the time of deciding the application of the petitioner for transfer, in the event such fresh application for transfer is submitted by the petitioner through “Utsashree” portal. 10. Accordingly, the impugned order dated 28th August, 2025 passed by the respondent No.5, Chairman, District Primary School Council, Malda is hereby set aside. 11. In view of the above, the writ petition being WPA 23637 of 2025 is disposed of granting liberty to the petitioner to submit application through “Utsashree” portal which will be considered by the authority concerned in accordance with law. 12. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 13. Interim order, if any, stands vacated. 14. All connected applications, if any, stand disposed of. 15. There shall be no order as to costs. 5 16. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 17. 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.)