02.07.2026 Sl. No.16 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 15023 of 2026 Mohuya Mandal @ Mohuya Mandal Adhikari Versus The State of West Bengal & Ors. Mr. Ekramul Bari Sk. Imtiaj Uddin …for the Petitioner. Mr. Sahasragshu Bhattacharjee, Ld. AGP Ms. Mary Datta …for the State. Mr. Ranjan Saha … for the DPSC., Jhargram 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. Report filed by Jhargram District Primary School Council dated 30th June, 2026 is taken on record. 3. By the present writ petition, the petitioner seeks for setting aside and/or cancellation of the order of transfer issued by respondent no.5, Chairman, Jhargram District Primary School Council vide Memo no. 0626/JGM/DPSC/26 dated 16th June, 2026, (Annexure P4 to the writ petition). 4. The petitioner contends that she joined as an Assistant Teacher in Guri Primary/Junior Basic School under Binpur-I Circle, District Jhargram in the year 2003. Subsequently, the petitioner was transferred to Sukjora Junior Basic Primary School in the year 2007. 2 On the ground of medical exigency, the petitioner made an application on 11th February, 2026 seeking for her transfer. On such application the petitioner was transferred to Silda State Plan Primary School under Binpur-II Circle on 27th February, 2026, where she joined on 6th March, 2026. However, within a span of four months the petitioner has again been transferred to another school namely Bhelaidiha Primary School under Binpur-II Circle on 16th June, 2026, without assigning any reason whatsoever. Being aggrieved by and dissatisfied with the impugned transfer order, the petitioner has preferred the present writ petition. 5. Mr. Ekramul Bari, learned Advocate appearing on behalf of the petitioner submits that previously the petitioner was transferred to a school nearby her place of residence considering the medical exigency of the petitioner. However, without any rhyme or reason the petitioner is again transferred to another school. Further Rule 4 of the West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002 (hereinafter referred to as „Rules of 2002‟) provides that it is the Council which is authorised to issue the transfer order and not the Chairman of the Council. The order impugned has been issued by the Chairman of the Jhargram District Primary School Council unilaterally. On such ground the impugned transfer order is not sustainable in the eye of law. To buttress his contention, he relies on the decision of the 3 Hon’ble Division passed in Dipika Bala Biswas versus State of West Bengal & ors. (In re: MAT 3 of 2022) and the Coordinate Bench of this Hon’ble Court passed in Nilanjana Maity versus The State of West Bengal & ors. (In re: WPA 15772 of 2025). Moreover, the impugned order of transfer has been issued in the middle of the year and not at beginning and/or end of academic year and further no exceptional circumstances has been shown, which contravenes the provisions of Rule 5(2) of the Rules of 2002. As per Rule 5(3) of Rules of 2002 the transfer applications of the teachers are to be considered on priority basis giving preference to a female teacher who has to face serious inconvenience in attending the school regularly due to her present place of posting. Considering the medical inconvenience of the petitioner the earlier order of transfer was passed. The subsequent transfer has not taken into consideration the inconvenience of the petitioner and thus lacks rationality. He seeks for setting aside of the impugned order of transfer issued by respondent no.5, Chairman, Jhargram District Primary School Council dated 16th June, 2026. 6. On the contrary, Mr. Ranjan Saha, learned Advocate representing the District Primary School Council, Jhargram submits that the petitioner is a surplus teacher in the present school. As per proviso to Rule 4 of the Rules of 2002, the Council on its own motion 4 can transfer a teacher to another school having deficit teacher to maintain the Pupil Teacher Ratio (in short, „PTR‟) as per Schedule to Right of Children to Free and Compulsory Education Act (in short, „RTE‟), 2009. Rule 3A has also been incorporated by way of amendment vide Notification dated 13th September, 2021 which clearly provides for maintaining the PTR in the Primary School. Moreover, as per proviso to Rule 5 the Council under exceptional circumstances may transfer a teacher to another school. As per the report of the Council, the petitioner is a surplus teacher in her present school and hence in the interest of education she has been transferred to a new school as per requirement. Therefore, the order impugned issued by the Chairman, District Primary School Council, Jhargram dated 16th June, 2026 needs no interference. He seeks for dismissal of the writ petition. 7. Mr. Sahasrangshu Bhattacharjee, learned Additional Government Pleader adopts the submission advanced on behalf of the District Primary School Council, Jhargram and also seeks for dismissal of the writ petition. 8. Upon consideration of the learned Advocates for the respective parties, the only issue which falls for consideration is whether the impugned order of transfer dated 16th June, 2026 issued by the Chairman, Jhargram District Primary School Council, respondent no.5, is sustainable or not. 5 9. In order to examine the issue raised in the present writ petition, it would be profitable to reproduce Rules 5(2) and 5(3) of the Rules of 2002 as follows : “(2) Subject to sub-rule (3) the Council shall consider such applications and take a decision in respect of transfer by February and March of each year. Every transfer order shall be effected either at the end or at the beginning of the academic year : Provided that if it is considered expedient to do so by the Council under exceptional circumstances the application for transfer may be considered at any time with the approval of the Board. (3) The Council may, while processing the application for transfer of approved teachers, consider the applications of such teachers as stated below on the priority basis according to the following order of preference, namely : (a) a physically handicapped teacher having more than fifty per cent of handicappedness and such teacher possessing a supporting document issued by the competent authority; (b) a female teacher who has to face serious inconvenience in attending the school regularly due to her present place of posting; (c) a teacher suffering from acute incurable disease like cancer, kidney ailment etc. and such teacher possessing a supporting document issued by the competent authority.” 10. Admittedly, on the ground of medical exigency the petitioner made an application seeking transfer on 11th February, 2026. Upon considering such application an order of transfer was issued on 27th February, 2026 transferring the petitioner to present school i.e. Silda State Plan Primary School under Binpur-II Circle. The petitioner joined in the present school on 6th March, 2026. The transfer order dated 27th February, 2026 clearly records that in the interest of Education the petitioner was transferred to Silda State Plan Primary School under Binpur-II Circle. It may well be presumed 6 that while issuing the earlier transfer order the Authority concerned has taken into consideration the relevant provisions of the Rules of 2002 (as amended) including provision of Rule 5(3) which provides the Council may, while processing the application for transfer of approved teachers, consider the applications of such teachers on the priority basis according to the order of preference. The aspect of a female teacher facing serious inconvenience in attending the school regularly due to her present place of posting comes second in the order of preference. It has to be borne in mind that the petitioner was transferred earlier on medical ground. 11. It is relevant to note that the order impugned has been issued on 16th June, 2026 which is within three months of joining of the petitioner. Upon perusal of the aforesaid order it is found that the same does not record any reason whatsoever in issuing the order of transfer within such a short interval. It has been vociferously argued on behalf of the Council that the petitioner has been transferred as she is surplus teacher in the present school. However, needless to mention that the impugned order also does not record of any such ground. In the writ petition it has been categorically stated in that two of the teachers in the school are about to superannuate in the month of October, 2026 and November, 2026 which has not been controverted by the learned Advocate appearing 7 on behalf of the Jhargram District Primary School Council. 12. Although Mr Bari, learned Advocate has argued that the impugned order of transfer has been issued in the middle of the year and not at beginning and/or end of academic year and no exceptional circumstances have been recorded in the impugned order, which contravenes the provisions of Rule 5(2) of the Rules of 2002. Be that as it may, Rule 5(2) postulates the procedure of transfer when a teacher seeks transfer under clause (b) of Rule 4 and not in case of transfer of teacher by the council on its own motion. Thus the argument that the impugned transfer order is bad for reasons as above does not hold good. 13. The petitioner is a female teacher and in her earlier application she has indicated of her medical urgency. Therefore, the subsequent order of transfer which has been issued being bereft of any reason that too within a period of three months from the earlier order cannot pass the test of rationality and therefore is not sustainable. 14. Accordingly, the impugned order of transfer dated 16th June, 2026 issued by respondent no.5, Chairman, Jhargram District Primary School Council is hereby set aside. 15. So far as the argument advanced on behalf of the petitioner relying on Dipika Bala Biswas (supra) and Nilanjana Maity (supra) that the council is empowered 8 to issue transfer orders and not the Chairman of the Council, it is relevant to note that the petitioner herself acted on an earlier office memorandum issued by the Chairman, Jhargram District Primary School Council on 27th February, 2026 and joined the present school. The petitioner did not raise objection on the above ground with regard to the earlier order of transfer issued by the Chairman. The petitioner cannot approbate and reprobate at the same time. Thus, such ground falls short of merit. 16. With the above observation, the writ petition being WPA 15023 of 2026 stands disposed of. 17. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 18. Interim order, if any, stands vacated. 19. All connected applications, if any, stand disposed of. 20. There shall be no order as to costs. 21. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 22. 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.)