JPD 15 S. Banerjee AR (Ct.) Judgment on 27.07.2026 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Hiranmay Bhattacharyya WPA 1388 of 2026 Ranjan Debnath Versus The State of West Bengal & Ors. For the petitioners : Mr. Sudip Ghosh Chowdhury Mr. Soumyajit Laskar For the State : Mr. Ashoke Kumar Singhi Ms. Tamanna Kar For the SSC : Mr. Sunit Kumar Roy Heard on : 27.07.2026 Judgement on : 27.07.2026 Hiranmay Bhattacharyya, J.: 1. On the prayer of the learned advocate appearing for the petitioner, leave is granted to the learned advocate-on-record of the petitioner to correct the designation of the 5th respondent, here and now. 2. The order of the District Inspector of Schools (SE), Jalpaiguri dated Jun 4, 2026 is under challenge in this writ petition. 2 3. The petitioner participated in the selection process for recruitment of Assistant Teacher in Government aided school. Pursuant to the recommendation, the petitioner joined Bat-Tali Kalua Mohan High School, Shaktibari-II, Jalpaiguri on December 23, 2013. The petitioner applied for general transfer before the concerned authority. Alleging inaction on the part of the respondent authorities, the petitioner approached this Court and a coordinate Bench by an order dated February 23, 2026 in WPA 233 of 2026 directed the respondent authorities to consider the representation of the petitioner and to dispose of the same by passing a reasoned order. Pursuant to the said direction the District Inspector of Schools (SE), Jalpaiguri rejected the prayer for transfer by the order dated June 4, 2026 on the ground of non-availability of teacher and in the academic interest of the students of the school. 4. Learned advocate appearing for the petitioner submits that the ground of rejection cannot be sustained in view of the order passed by the Hon’ble Division Bench on July 31, 2025 in FMA 995 of 2025 in the case of Rupak Dhua –Vs.- The State of West Bengal & Ors. 5. Learned advocate appearing for the State submits that the respondent authorities after considering the relevant notification has passed an order rejecting the prayer for transfer considering the academic interest of the students of the said school where the teacher is presently serving. 3 6. A more or less identical issue fell for consideration before the Hon’ble Division Bench in Rupak Dhua (supra). The Hon’ble Division Bench after noticing the provisiosn laid down in the West Bengal School Service Commission (General Transfer, Transfer on Special Ground and Reallocation) Rules, 2015 held that in the said notification there is no rider to the effect that the District Inspector of Schools (SE) has to make an endeavour to find out any willing teacher of any neighboring school who can man the post temporarily till regular incumbent joins the post. The Division Bench observed that the term ‘willing’ does not feature in the said notification. 7. In the light of the aforesaid observation, the Hon’ble Division Bench directed the concerned District Inspector to act in consonance with the provisions of the notification dated January 3, 2022. The relevant portion of the order passed by the Hon’ble Division Bench is extracted hereinafter: “The West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 were amended from time to time and the last amendment was effected vide memo dated 3rd January, 2022. The operative part of the said memo runs as follows: „In that event a single subject teacher makes application for transfer, the SMC will not reject the application and inform the DI(SE) about such application. The DI(SE) will immediately discuss the matter with the CSE in the DI(SE) will take urgent step in time bound manner to search for a teacher on the same subject from nearby 4 and make local arrangement so that the teacher of the other school attends the school wherefrom the teachers has applied for transfer on days of the week on a temporary basis till such time a permanent teachers subject joins. The DI(SE) will inform such arrangement to the CSE who shall inform the matter to the Chairman of WBCSSC, President of WBBSE and School Education Department, CSE will ensure such arrangement in 7 days immediately. The DI(SE) will communicate such arrangement to the school concerned and the HOI in question shall forward the application of the teacher to the DI(SE) will then forward the case to the WBCSSE for consideration, WBCSSE will suitably recommend the case for transfer to the WBBSE and the Board will issue transfer order accordingly. This remains in force until further order.‟ In the said notification there is no rider that the DI(SE) has to make any endeavour to find out any willing teacher of neighbouring school, who can man the post of the appellant temporarily till the regular incumbent joins the post. The term „willing‟ does not feature in the said notification.” 8. After going thorough the order of the DI(SE) dated June 4, 2026, this Court finds that the said respondent was swayed by the fact that there is no availability of a teacher who is willing to serve the school wherein the petitioner is presently serving. The ground of rejection, in the considered view of this Court, cannot be sustained in view of the decision of the Rupak Dhua (supra). 5 9. For such reason this Court is inclined to interfere with the order of the DI(SE) dated June 4, 2026. Accordingly, the order dated June 4, 2026 is set aside and quashed. 10. The District Inspector of Schools (SE), Jalpaiguri, being the 5th respondent, is directed to consider the application of the petitioner praying for transfer afresh in the light of the observations made hereinbefore and dispose of the same by passing a reasoned order after affording an opportunity of hearing to the petitioner or his authorized representative and communicate the reasoned order to the petitioner immediately thereafter. The entire exercise shall be completed as expeditiously as possible but positively within a period of four weeks from the receipt of a server copy of this order. If the 5th respondent decides in favour of the petitioner, all consequential steps thereafter shall be taken expeditiously. 11. Urgent Photostat certified copy of this order be supplied to the parties, if applied for, upon compliance of requisite formalities. (Hiranmay Bhattacharyya, J.)