Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 38613 (CAL)

SAHIDULLAH v. STATE OF WEST BENGAL AND ORS.

WPA/12551/2026 · 2026-09-02

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02.09.2026 Sl. No.18 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 12551 of 2026 Sahidullah Versus The State of West Bengal & Ors. Mr. Sudip Ghosh Chowdhury Ms. Pritha Biswas Ms. Upasana Sarkar …for the Petitioner Mr. B. K. Singh Mr. Barun Ghosh … for the State Mr. Pratik Dhar, Sr. Adv. Ms. Madhurima Sarkar … for the Madrasah Service Commission Mr. Prosenjit Mukherjee Mr. Nirmalya Kumar Das Mr. Jahangir Hossain Ms. Babita Pramanik … for the respondent no.6 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition the petitioner seeks for setting aside of the reasoned order dated 30th March, 2026 passed by the respondent no.6, the Superintendent, Kheria Siddiquia Senior Madrasah of Bhangankhali, District South 24-Parganas (hereinafter referred to as „the said Madrasah). 3. The petitioner contends that he is an Assistant Teacher of the said Madrasah in English (H/PG). 4. This is second round of litigation. 5. Previously, the petitioner filed a writ petition being WPA 27151 of 2025 seeking for consideration of his application for transfer on self medical ground, which 2 was disposed of vide order dated 4th February, 2026 with the following directions: “In view of the above, Superintendent, the added respondent no.7, Kheria Siddiquia Senior Madrasah is directed to take appropriate steps in terms of Rule 34 of the Rules of 2023 pertaining to the application of the petitioner dated 22nd June, 2025 seeking transfer within a period of eight weeks from the date of communication of this order.” 6. Pursuant to such direction a reasoned order has been passed by the respondent no.6, the Superintendent of the said Madrasah rejecting the prayer of the petitioner seeking for transfer on special ground under Rules 33(a) and (b) of the West Bengal Madrasah Service Commission Recruitment (Selection and Recommendation of persons for Appointment and Transfer to the Posts of Teacher and Non-Teaching Staff) Rules, 2023 (hereinafter referred to as „the Rules, 2023‟). 7. Being aggrieved by such order of the respondent no.6, Superintendent of the said Madrasah, the petitioner has preferred the present writ petition. 8. Mr. Sudip Ghosh Chowdhury, learned Advocate appearing on behalf of the petitioner submits that respondent no.6, Superintendent of the said Madrasah has rejected the prayer of the petitioner precisely on the ground that the petitioner failed to provide the medical certificate of the Medical Board of the Government Hospital as per Rules 33(a) and (b) of Rules, 2023. However, it failed to consider the provision of Rule 34 of the Rules, 2023, which clearly envisages that the Head of the Madrasah is to forward the application to the District Inspector of Schools 3 (SE), which is authorised to take necessary steps of medical examination of the concerned employee by the medical board of the Government hospital. The earlier order passed in the writ petition being WPA 27151 of 2025 directing the Superintendent of the said Madrasah to take appropriate steps in terms of Rule 34 of the Rules, 2023 has not been complied with by the said authority. He seeks for setting aside of the order impugned and to issue further direction for consideration of the transfer application of the petitioner. 9. Mr. Pratik Dhar, learned Senior Advocate representing the West Bengal Madrasah Service Commission submits that as per Rule 34 of the Rules, 2023 upon such application for transfer been made, it is the Head of the Madrasah, who shall, after proper verification and scrutiny, forward the same to the District Inspector of Schools (SE) for further course of action. The terms „proper verification and scrutiny‟ cannot be in relation to medical examination of the employee as because it is the prerogative of the Medical Board as per Rule 34(3) of the Rules, 2023. Therefore, the order impugned holding that there is no medical exigency since no medical certificate from the Medical Board is produced, may not be the correct approach as is required under the Rules, 2023. 10. Mr. Prosenjit Mukherjee, learned Advocate appearing on behalf of the respondent no.6, the Superintendent of the said Madrasah submits that the petitioner 4 availed general transfer by way of his application submitted on 17th July, 2022. As per Rules 29(6) and (7) of the Rules, 2023 there is a clear bar for the petitioner to avail further transfer under Rules, 2023 as the earlier transfer was made under West Bengal Madrasah Service Commission Recruitment (Selection and Recommendation of persons for Appointment and Transfer to the Posts of Teacher and Non-Teaching Staff) Rules, 2010. Moreover, since the petitioner was discharged from hospital in stable condition, there cannot occasion any medical exigency to transfer the petitioner as has been rightly held by the Superintendent of the said Madrasah. He also indicates that upon transfer of the petitioner the education of the students would suffer. He seeks for dismissal of the writ petition. 11. Learned Advocate for the State adopts the submissions advanced on behalf of the respondent no.6. 12. Upon hearing the learned Advocates for the respective parties, the only issue which falls for consideration is whether the respondent no.6, Superintendent of the said Madrasah was justified in rejecting the prayer of the petitioner seeking transfer on special ground under Rules 33 (a) and (b) of Rules, 2023 or not. 13. In order to examine the aforesaid issue it would be apposite to reproduce the relevant provisions under Rules 33 and 34 of Rules, 2023 as hereunder: “33. Tansfer on Special ground – An incumbent/staff may be transferred on special ground under the following circumstances :- 5 (a) Incumbent is suffering from serious illness, duly certified by a medical board of a Govt. Hospital. (b) The incumbent is suffering from physical injury/disablements for which he/she is unable to attend to the Madrasah as certified by the medical board of a Govt. Hospital. (c) Spouse of the incumbent or his/her son/daughter or parents is/are suffering from serious illness, duly certified by a medical board of a Govt. Hospital and there is no one in his/her family to look after them. (d) If the Commission is satisfied on the recommendation of Directorate of Madrasah Education, that for public interest or for the welfare of the students of any Madrasah, any staff is required to be transferred irrespective of his/her willingness. 34. Procedure for Transfer on Special ground – (1) The teacher/non-teaching staff seeking transfer on special ground shall apply online/offline in the prescribed format through the concerned Madrasah, concerned District Inspector of Schools (SE) and the Director of Madrasah Education, to the Commission with necessary document(s). (2) The Head of the Madrasah (H.M./ Superintendent/TIC) shall, after proper verification and scrutiny, forward the eligible application)s) along with relevant papers to the District Inspector of Schools (SE)/authorized officer within 15 days from the date of submission of the application. (3) The District Inspector of Schools (SE)/ authorized officer shall take necessary action for medical examination of the concerned person by the Medical Board of a Govt. Hospital and inform the concerned applicant accordingly. (4) The District Inspector of Schools (SE)/ authorized officer concerned, shall then forward the eligible transfer applications along with medical certificate with specific comments to the Director of Madrasah Education, within 15 days from the date of receipt of such Medical Report. (5) Director of Madrasah Education, after scrutiny, shall forward the applications with specific comment/views to the Commission within 15 days: Provided that this rule shall not apply to the transfer on special ground under rule 33(d).” 14. Rule 33(a) of Rules, 2023 provides that where an incumbent is suffering from serious illness, he may seek for transfer on special ground and such serious illness is to be certified by the medical board of the Government Hospital. Further on an application been submitted seeking transfer on special ground, Rule 34(2) of Rules, 2023 provides that the Head of the Madrasah (H.M./ Superintendent/TIC) shall, after proper verification and scrutiny, forward the eligible application(s) along with relevant papers to the District Inspector of Schools (SE)/authorized officer 6 within 15 days from the date of submission of the application. Moreover, Rule 34(3) provides that the District Inspector of Schools (SE)/ authorized officer concerned, shall then forward the eligible transfer applications along with medical certificate with specific comments to the Director of Madrasah Education, within 15 days from the date of receipt of such Medical Report. Upon bare reading of the aforesaid provisions, the term „proper verification and scrutiny‟ appearing in Rule 34(2) cannot mean verification and scrutinization of the ground of medical exigency, which can only be ascertained after exercise under Rule 34(3) is undertaken. It is further clear that the District Inspector of Schools (SE) upon receiving of such application forwarded by the Head of Madrasah is to take necessary action for medical examination of the concerned person by the Medical Board of a Government Hospital. 15. The order impugned has proceeded on the score that the petitioner failed to provide the certificate of the medical board, which, in the opinion of the Court, is an incorrect approach since it is the District Inspector of Schools (SE), which is to take necessary steps for medical examination of the incumbent by the Medical Board. Therefore, to reject the application on the ground, at the threshold, that the petitioner failed to provide such medical certificate is absolutely unacceptable. 16. Mr. Mukherjee, learned Advocate representing the respondent no.6 has vociferously argued that the 7 petitioner‟s application for transfer is barred under Rules 29(6) and (7). Be that as it may, at the outset, Rule 29(6) and (7) are the rules which govern general transfer and not transfer on special ground. Therefore, the argument advanced on behalf of the respondent no.6 does not stand to reason. 17. In view of the above, the impugned order of the Superintendent of the said Madrasah, respondent no.6 dated 30th March, 2026 is set aside. 18. Accordingly, the Superintendent of the said Madrasah, respondent no.6 is directed to forward the application of the petitioner to the concerned District Inspector of Schools in terms of Rule 34 of Rules, 2023 after proper verification and scrutiny, within a period of four weeks from date of communication of the order. 19. Learned advocate for the petitioner is directed to communicate this order to respondent no.6, Superintendent of the said Madrasah, for necessary compliance. 20. With the aforesaid directions, the writ petition being WPA 12551 of 2026 is disposed of. 21. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 22. Consequently, connected applications, if any, stand disposed of. 23. Interim orders, if any, stand vacated. 24. There shall be no order as to costs. 8 25. 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.)