23.07.2026 Sl. No.12 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 10018 of 2026 Debasree Chatterjee & anr. Versus The State of West Bengal & Ors. Mr. Debasis Kundu Mr. Bidan Modak …for the Petitioners. Mr. Ratul Biswas, Mr. Kaushik Chowdhury, …for the WBBPE. Mr. Brijendra Pratap Singh Mr. Rajesh Kumar Gupta Mr. Saikat Dey …for the State. Mr. Gourav Das … for the DPSC, South 24-Parganas 1. Affidavit of service filed on behalf of the petitioners is taken on record. 2. Report filed by State furnished by District Inspector of Schools (P.E.), South 24 Parganas dated 15th July, 2026 is taken on record. 3. By the present writ petition, the petitioners seek for mutual transfer. 4. The petitioner no.1, Debasree Chatterjee, joined as an Assistant Teacher of Ashis Nagar F.P. School in Durgapur Circle, District Burdwan (Presently, known as Paschim Bardhaman) on 24th January, 2014 and is confirmed in service with effect from 24th January, 2016. 5. The petitioner no.2, Ritwick Patra, joined as an Assistant Teacher in Chandi Makhanlal F.P. School under Bishnupur-II Circle, District South 24- 2 Parganas on 9th February, 2024 and has completed two years of continuous service. 6. It appears from the report of the State that service of petitioner no.2 is confirmed by DPSC, South 24 Parganas on 15th July, 2026. 7. Both the petitioners made representation for mutual transfer in the month of March, 2026. However, the same is still pending consideration. Hence, this writ petition. 8. Mr. Debasis Kundu, learned Advocate appearing on behalf of the petitioners submits that the matter be relegated to the appropriate authority to consideration the application for mutual transfer. 9. Mr. Rajesh Kumar Gupta, learned Advocate representing the State as well as Mr. Ratul Biswas, learned Advocate representing the West Bengal Board of Primary Education indicates that the petitioner no.1 has availed mutual transfer vide order dated 10th December, 2024. Therefore, her further application for mutual transfer is expressly barred within a period of five years as per Rule 6(1) of the West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002 (hereinafter referred to as ‘Rules of 2002’). 10. For better appreciation, Rule 6(1) of Rules of 2002 is quoted 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.” 11. It manifest from the aforesaid Rule 6(1) of Rules, 2002 that no teacher is eligible to apply for transfer for 3 period to five years from the date of transfer. Undeniably, the petitioner no.1 has been mutually transferred on 10th December, 2024 on the basis of her representation. Therefore, further application of the petitioner no.1 seeking mutual transfer within a period of five years is barred under Rule 6(1) of Rules, 2002. 12. Accordingly, the prayer of the petitioner no.1 for mutual transfer stands dismissed. 13. However, it is left open to the petitioner no.2 to seek for his transfer, before the authority concerned, if the existing rules so permits. 14. With the aforesaid observation, the writ petition being WPA 10018 of 2026 stands disposed of. 15. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 16. Interim order, if any, stands vacated. 17. All connected applications, if any, stand disposed of. 18. There shall be no order as to costs. 19. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 20. 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.)