Sl. No.5 24.07.2026 Court no.13 sp F.M.A. 1023 of 2024 With CAN 1 of 2024 Abul Hasan Shahabuddin Versus The State of West Bengal & Ors. Md. Salahuddin, Md. Raziuddin. ..for the appellant. Mr. Debapriya Gupta, ld. A.G.P., Mr. Rahul Agarwala. ..for the State. Mr. Arindam Banerjee. ..for the respondent no. 10. 1. The appeal is directed against the order dated 26th June, 2024 passed by a Single Bench of this Court in W.P.A. No. 13595 of 2022. 2. The grievance of the writ petitioner before the Single Bench was that he had applied for transfer on the medical ground on his choice from Budhigram Anchal High School (HS), Budhigram, Birbhum to the Rampurhat Railway Adarsha Vidyamandir, Birbhum. The said application was made on the Utshashree Portal. The writ petitioner later came to know that the respondent no. 10 who was ranked first in order of time was given the post vacant at the said Rampurhat Railway Adarsha Vidyamandir. 3. Before the Single Bench, the respondent/Schools Service Commission was asked to file a report by way of affidavit. It transpires from the said report that the writ petitioner had only opted for one school in his application, i.e., Rampurhat Railway Adarsha Vidyamandir and no other option of any other nearby school as required by the rules was opted for. 4. Since the private respondent was ranked in time above the writ petitioner, his appointment cannot be questioned. The writ petitioner even on affidavit before this Court and in the writ petition has not been able to demonstrate that he had opted for any two other alternative nearby schools. 5. In that view of the matter, the posting of the private respondent at the Rampurhat Railway Adarsha Vidyamandir cannot be faulted. The impugned order dated 26th June, 2024 calls for no interference. The appeal is ex facie frivolous and devoid of merit as was the writ petition. 6. Hence, FMA 1023 of 2024 shall stand dismissed with costs assessed at Rs. 5,100/- payable by the appellant to the School Service Commission. 7. Consequently, all connected applications, if any, shall also stand dismissed. 8. Interim orders, if any, shall stand vacated. 9. There shall be no order as to costs. 10. All the parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Rai Chattopadhyay, J. 2 (Ra i Chattopadhyay, J.) 3