ML-425 16.07.2026 Court No.24 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 27069 of 2025 Utsab Barkandaj -versus The State of West Bengal & Ors. Mr. Sudip Ghosh Chowdhury Ms. Pritha Biswas Ms. Upasana Sarkar … For the petitioner Mr. Sunit Kumar Ray … For WBCSSC Ms. Mary Datta Adv. J. Chatterjee … For the State 1. Affidavit of service filed in Court today is taken on record. 2. The petitioner’s prayer seeking transfer on medical ground stood rejected by the Commission by passing a reasoned order on 24th June, 2025 which is impugned in the instant writ petition. 3. By the said order, the petitioner has been intimated that in none of the three schools preferred by him, there is vacancy. 4. It has been submitted that as the petitioner seeks transfer on medical ground, accordingly, a further opportunity ought to be given to the petitioner to select a vacancy where he may be appointed. 5. In support of such submission, learned advocate for the petitioner relies on the decision passed by the Hon’ble Division Bench of this Court on 21st March, 2024 in MAT 359 of 2024 with IA No. CAN 1 of 2024 (Baishakhi Mukhopadhyay v. The State of West Bengal & Ors.) wherein the Court directed the 2 Commission to consider the prayer of the candidate in terms of the second clause of Rule 6(4)(d) of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015. 6. As it appears that the issue as to whether a further opportunity can be granted to the candidate in case there is no vacancy in any of the schools opted by the candidate has already been decided by the Hon’ble Division Bench in the matter of Baishakhi Mukhopadhyay (supra), accordingly, the impugned communication of the Secretary of the West Bengal Central School Service Commission dated 24th June, 2025 stands set aside. 7. The Secretary of the West Bengal Central School Service Commission is directed to reconsider the petitioner’s prayer seeking transfer on medical ground by applying the second clause of Rule 6(4)(d) of the 2015 Rules. 8. Steps shall be taken in the matter at the earliest, but positively within a period of eight weeks from the date of communication of this order. 9. The writ petition stands disposed of. 10. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)