Extracted from the PDF above. The PDF is authoritative.
M/L 453 16.07.2026 Court No.24 SD
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION
WPA 5833 of 2026
Mausumi Mitra Vs. The State of West Bengal & Ors. Mr. Shuvro Prakash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal … for the Petitioner. Mr. Lokenath Chatterjee Ms. Sneha Chatterjee … for the State. Mr. Sourav Mitra … for the WBCSSC. 1. The petitioner’s prayer for transfer is not being allowed only because she is a single subject teacher and no other candidate can be found to teach the students of the school, if her application for transfer is allowed. Repeated efforts have been taken by the school authority to make an alternative arrangement, but none of the arrangements forwarded by the school stood approved by the superior officers of the Directorate of School Education. 2. Learned advocate for the petitioner submits that the law has been well-settled by the Court in the matter of Amitava Pal vs. The State of West Bengal & Ors. on November 3, 2025 in WPA 21342 of 2025 relying upon the judgment passed by the Hon’ble Division Bench on August 8, 2024 in MAT 1218 of 2024 [Gokul Chandra Mallick vs. The State of West Bengal & Ors.] and the order dated July 31, 2025 in
2 FMA 995 of 2025 [Rupak Dhua vs. The State of West Bengal & Ors.]. 3. It appears that the authority has failed to appreciate that the Court had specifically laid down that the prayer of a teacher seeking transfer cannot be kept pending for an indefinite period of time as the authority is unable to make an alternative arrangement. 4. The Court held that the resultant vacancy which may occur on the transfer of the candidate has to be filled up in the manner as directed by the Hon’ble Division Bench in the matter of Rupak Dhua (supra). 5. As the petitioner is praying for transfer for a considerable period of time, accordingly, it is high time that the authority acts in accordance with the law laid down by the Court in the matters referred to hereinabove. 6.
In view of the above, the instant writ petition stands disposed of by directing the District Inspector of Schools (S.E.), Jhargram to take steps to conclusively dispose of the petitioner’s application seeking transfer irrespective of whether any alternative arrangement can be made or not and in line with the law laid down by the Court in the matter of Amitava Pal (supra) at the earliest but positively within a period of eight weeks from the date of communication of this order. 3
7. The resultant vacancy that may occur shall be filled up in the manner as directed by the Hon’ble Division Bench in Rupak Dhua (supra). 8. The writ petition stands disposed of. 9. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 10. Urgent photostat certified copy of the server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)