16.07.2026 Sl. No.78(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 2438 of 2026 Sukumar Maji Versus The State of West Bengal & Ors. Mr. Somesh Kumar Ghosh, Mr. Suman Mukherjee …for the Petitioner. Mr. Ratul Biswas, Mr. Kaushik Chowdhury, Ms. Suma Dey …for the WBBPE. Mr. Brijendra Pratap Singh Mr. Asit Kumar De …for the State. Mr. B.P. Vaisya, Mr. Suman Dey …for the DPSC, Bankura. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant inter-District transfer to the petitioner from her present place of posting in the District of Purulia to a school in the District of Bankura on self-medical ground. 3. The petitioner contends that he joined as an Assistant Teacher in Chhotokadam Primary School under Manbazar-II Circle, District-Purulia on 17th July, 2021. The petitioner is confirmed in service with effect from 17th July, 2023. Subsequently, the petitioner has been transferred to Gokulnagar Primary School under Manbazar-III Circle on 3rd March, 2025. Thereafter, he has been transferred to Maisamura Primary School on 2 16th September, 2025. On 22nd September, 2025, the petitioner made a representation before the authority concerned for his transfer on spouse medical ground. However, the said representation is still pending consideration. Hence, this writ petition. 4. Mr. Somesh Kumar Ghosh, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for his transfer on medical ground, in accordance with law. 5. Mr. Kaushik Chowdhury, learned advocate appearing for the respondent Board submits that the application has been filed seeking transfer within five years from the date of last transfer which contravenes the provisions of Rule 6(1) of the West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002 (hereinafter referred to as the “Rules of 2002”). He seeks for dismissal of the writ petition. 6. In order to examine the aforesaid issue it would be apposite to reproduce the relevant provisions of Rule 6 of Rules of 2002 as hereunder: “6. Bar to transfer. – (1) No teacher shall be eligible to apply for transfer for a period to five years from the date of transfer. (2) No teacher shall be eligible for transfer if he attains the age of fifty-seven years. (3) No prayer for transfer shall be entertained for next five years if the transfer order is not carried out by an approved teacher in whose favour a transfer order is issued.” 7. Upon bare reading of the aforesaid provision, it is found that Rule 6(1) of Rules of 2002 provides that no 3 teacher shall be eligible to apply for transfer for a period of five years from the date of transfer. 8. Indisputably, from Annexure P-3 it is found that on an application of the petitioner, he has been transferred to Gokulnagar Primary School on 3rd March, 2025. Such being the position, the applicatioin of the petitioner cannot be considered in view of the express bar contained in Rule 6(1) of Rules of 2002. 9. As regards the subsequent transfer on 16th September, 2025, the petitioner has joined the present school under same circle without any demur. 10. Accordingly, the writ petition being WPA 2438 of 2026 stands dismissed. 11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 12. Interim order, if any, stands vacated. 13. All connected applications, if any, stand disposed of. 14. There shall be no order as to costs. 15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 16. 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.)