ML-426 16.07.2026 Court No.24 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 27070 of 2025 Rinku Bhatta -versus The State of West Bengal & Ors. Mr. Sudip Ghosh Chowdhury Ms. Pritha Biswas Ms. Upasana Sarkar … For the petitioner Mr. Kanak Kiran Bandyopadhyay … For WBCSSC Ms. Mary Datta Mr. Jagannath Chatterjee … For the State 1. Affidavit of service filed in Court today is taken on record. 2. The petitioner seeks transfer. His application seeking transfer stood rejected by the Secretary of the West Bengal Central School Service Commission on 24th June, 2025 with the observation that none of the three preferred schools by the petitioner has a vacancy. 3. Learned advocate for the petitioner relies on the judgment delivered by the Hon’ble Division Bench of this Court on 10th January, 2025 in MAT 2171 of 2024 (Biswajit Jana v. The State of West Bengal & Ors.) wherein the Court observed that under the amended Rules, there is no statutory bar to give one more vacancy option if the vacancy selected by the candidate are not available. 4. The issue before the Hon’ble Division Bench was whether the applicant could be facilitated one more option to substantiate his transfer. 5. The Court relied on the amendment made to Rule 6(2) of the West Bengal School Service Commission 2 (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015. The Court noted that the said Rules stood amended by a gazette notification dated 8th September, 2021 and the previous Rule stood substituted and the concept of applying one application after maximum three vacancy posts as per the priority of choice in application form has been repealed. 6. Referring on the amended Rule, the Hon’ble Division Bench held that under the amended Rule, the application filed by the candidate ought not to be rejected on the ground of low ranking in preferred school. 7. As it appears that the issue involved in the instant writ petition is covered by the judgment delivered by the Hon’ble Division Bench in the matter of Biswajit Jana (supra), accordingly, the decision of the Secretary of the West Bengal Central School Service Commission dated 24th June, 2025, impugned in the instant writ petition, is liable to be set aside and is, accordingly, set aside. 8. The petitioner has already applied for reconsideration of his prayer for transfer which is pending consideration before the Commission since July, 2025. 9. In view of the above, the instant writ petition stands disposed of by directing the Secretary of the West Bengal Central School Service Commission to consider the petitioner’s prayer seeking transfer in line with the law laid down by the Hon’ble Division Bench in the matter of Biswajit Jana (supra) at the earliest, but positively within a period of eight weeks from the date of communication of this order. 10. The fate of the application shall be made known to the petitioner immediately thereafter. 3 11. Learned advocate for the petitioner is directed to forward a copy of the said representation seeking consideration and a copy of the judgment passed in the matter of Biswajit Jana (supra) at the time of communicating the order of the Court. 12. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 13. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)