24.07.2026. Court No. 13 Item No. 10 pk MAT 1342 of 2025 With I.A. No. CAN 1 of 2025 Minhajuddin -Versus- The State of West Bengal & Ors. Mr. Robiul Islam, Sk. Jayed Hossain Mr. Raju Mondal Mr. M. Rahman … for the appellant. Mr. Subir Sanyal Mr. Ratul Biswas, Mr. Kaushik Choudhury … for the WBBPE. 1. The instant appeal is directed against an order dated 15.07.2025 passed by a Single Bench of this Court in WPA 10617 of 2025. 2. The grievance of the appellant before the Single Bench was that he was suffering from listed medical condition in the transfer Rules and hence applied for transfer. The same was rejected on the ground that he had not completed five years of service. While there is some ambiguity as to whether the petitioner may have completed five years service, this Court has held in several cases that an application for transfer on listed medical grounds in the Rules can be made even before expiry of five years. 3. Mr. Subir Sanyal, learned senior counsel appearing for the respondents has argued that there are many cases where medical certificates are given for 2 asking, the Rules for transfer on medical ground are also abused by suppressing conditions at the time of entry into the school. 4. This Court is of the view that example cited by Mr. Sanyal are exceptions can be dealt with by the Authorities by appropriate investigations. The first stage of investigation is the reference to the Chief Medical Officer of the District by the D.I. of Schools on the medical condition of the petitioner. If it is detected that the condition was preexisting even at the time of first entry of the school, it should be ascertained as to whether the applicant was aware of the same or not. 5. An abuse or misuse of any beneficial provision by one section of teachers, cannot be a ground for rejecting every application and adding further inflexibility to the existing Rules. 6. The State shall be at liberty to revisit their Rules and make it more appropriately stringent and fool- proof. 7. The decision of the Single Bench, however, calls for interference since the application for transfer on medical ground can be made even before expiry of five years of service. The reason therefor is that a medical condition can crop up at any point of time and are not within the control of the teacher concerned. 8. In the light of the above, the impugned order shall stand set aside. The petitioner’s application shall 3 be processed as per the Rules of transfer prevalent and existing and it shall be strictly complied with by the respondents. 9. Since the petitioner had applied off line, let the hierarchy of the authorities from the school onwards on the way up to the Board take steps off line and communicate with the petitioner both off line and online as may be available. 10. It is expected that the decision of the D. I. of Schools and the West Bengal Board of Primary Education is completed within a period of two months from the date of communication of a copy of this order. 11. With the aforesaid observations, MAT 1342 of 2025 is disposed of. Consequently pending application is also disposed of. 12. There shall be no order as to costs. 13. All 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.)