16TH JULY, 2026 Item no.M/L 432 Court No. 24 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 28444 of 2025 In the matter of: Abul Hasan Molla …. Petitioner VS. The State of West Bengal & Ors. ….Respondents For the Petitioner: Mr. Ujjal Ray Mr. Abdur Rahim ….Advocates For the State: Ms. Mary Dutta Mr. Jagannath Chatterjee ….Advocates For the SSC: Mr. Sunit Kr. Roy ….Advocate 1. The petitioner’s application for transfer on spouse medical ground is pending consideration at the end of the School authority. 2. Learned advocate for the petitioner submits that the petitioner is the single subject teacher. 3. The instant writ petition is disposed of by directing the head of the institution to consider the said application in accordance with law after taking into consideration the medical report relied upon by the petitioner. 4. If the prayer of the petitioner is allowed then necessary steps shall be taken to forward the application of the petitioner to the District Inspector of Schools in accordance with law at the earliest but positively within a period of eight weeks from the date of communication of this order. Page 2 5. The application of the petitioner shall be considered by the head of the institution in accordance with the prevailing transfer rules and law laid down by the Hon’ble Division Bench of this Court on 31st July, 2025 in the matter of Rupak Dhua Vs. The State of West Bengal & Ors. [FMA 995 of 2025 with IA No.: CAN 1 of 2025] wherein the Court took note of the notification dated 3rd January, 2022 amending the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015. 6. The Court was of the opinion that the aforesaid notification states that it would be an obligation on the part of the District Inspector of Schools (SE) to take urgent steps in a time bound manner to search for a teacher on the same subject from nearby schools and make local arrangement so that the teacher of the other school attends the school wherefrom the single teacher had applied for transfer. The petitioner’s claim for transfer cannot be kept in abeyance till a willing teacher is found. The Court was pleased to direct the District Inspector of Schools to take expeditious steps for filling up the resultant vacancy that might arise after the candidate’s transfer is allowed. 7. The District Inspector of Schools shall take consequential necessary steps in the matter at the earliest but positively within a period of eight weeks from the date of receipt of all documents from the school. 8. If the application of the petitioner for transfer is allowed, then necessary consequential steps shall be taken without any further delay. Page 3 9. The fate of the petitioner’s application shall be made known to the petitioner. 10. The respondent authority shall act on the basis of the hard copy of the documents forwarded by the petitioner despite suspension of the Utshasree portal. 11. The writ petition stands disposed of. 12. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)