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Calcutta High Court · body

2026 DAILYLAW 32310 (CAL)

SNEHA MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/7762/2026 · 2026-08-18

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18-08-2026 Item no.11 Subrata Bhattacharyya AR(C) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA No.7762 of 2026 In the matter of: Sneha Mondal …. Petitioner -vs- The State of West Bengal & Ors. ….Respondents For the Petitioner: Mr. Shuvro Prokash Lahiri Mr. Kamal Mishra Mr. Ankan Mondal ….Advocates For the SSC: Mr. Sunit Kr. Roy ….Advocate 1. The petitioner’s application for transfer on medical ground is pending consideration at the end of the school authority. 2. Learned advocate for the petitioner submits that as the petitioner is a single subject teacher, the school has refused to issue no-objection certificate. 3. Learned counsel for the petitioner refers to the West Bengal (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 as amended in the year 2021 which mentions that if the application for transfer is made on medical ground, then the fact of being a single teacher is liable to be dispensed with. 4. As per the Transfer Rules, in case of an application for transfer on medical ground the requirement of considering the roll strength for transfer is to be dispensed with. While considering application for transfer on medical ground if resultant vacancy of the school becomes zero or does not commensurate with the roll strength, then Page 2 the school managing committee is to approach the Central School Service Commission through the concerned District Inspector of Schools for filling up the vacancy. 5. In the instant case, it is seen that even though the petitioner applied for transfer on medical ground, the respondent authority applied an incorrect yardstick and is sitting tight over the matter. The exception for consideration of an application seeking transfer on medical ground has not been followed. 6. In view of the above, the head of the institution is directed to forward the prayer of the petitioner seeking transfer strictly in accordance with the Transfer Rules, 2015, as amended, to the DI of Schools (SE), Paschim Medinipur at the earliest but positively within a period of four weeks from the date of communication of this order. Medical checkup of the petitioner may be conducted by the Block Medical Officer of Health. 7. If the medical report discloses any ground on which transfer may be allowed, then necessary consequential steps shall be taken by the authorities without any further delay. 8. The fate of the petitioner’s application shall be made known to the petitioner. 9. Suspension of the Utsashree portal shall not stand in the way of the respondents in taking steps in terms of the order passed hereinabove. 10. The writ petition stands disposed of. 11. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 12. Certified server copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)