03.09.2026 Sl. No.20 & 21 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 9296 of 2026 Nafisa Akhtar Versus The State of West Bengal & Ors. And W.P.A. No. 14884 of 2026 Nafisa Akhtar Versus The State of West Bengal & Ors. Mr. Anindya Lahiri, Sr. Adv. (VC) Mr. Arkadipta Sengupta Mr. Tirthankar Dey Ms. Deboleena Ghosh Ms. Ria Naskar Ms. Ankita Ghosh …for the Petitioner. Mr. Ratul Biswas Mr. Kaushik Chowdhury …for the WBBPE. Ms. Aishwarya Rajyashree Ms. Tanuka Basu …for the State. Mr. Avishek Prasad Ms. Sreyasi Manna … for the DPSC, Malda. 1. Report filed by Chairman, District Primary School Council (in short ‘DPSC’), Malda dated 21st August, 2026 is taken on record. 2. By the writ petition being WPA 9296 of 2026 (in short ‘WP-I’) the petitioner has sought for consideration of her representation for grant inter-District transfer to the petitioner from her present place of posting in the District of Malda to a school in the District of Murshidabad on distance ground. 3. By the writ petition being WPA 14884 of 2026 (in short ‘WP-II’) the petitioner has sought for cancellation and/or withdrawal of the order of deputation issued by respondent no.6, the Chairman, DPSC, Malda under Memo No.1701/MDPSC/26 dated 2nd June, 2026. 4. Since the writ petitions are inter-related, they are taken up together for consideration and heard analogously. 5. The petitioner contends that she joined as an Assistant Teacher in Khijiria Bangrua Primary School under Harishchandrapur Circle, under DSPC, Malda on 19th February, 2021. The petitioner is confirmed in service with effect from 19th February, 2023. On 2nd March, 2026 the petitioner made a representation before the authority concerned for her transfer on distance ground which is still pending consideration before the authority. 6. During pendency of such application for transfer, an office order has been issued by respondent no.6, the Chairman, DPSC, Malda on 2nd June, 2026 for deputation of the petitioner to Bansari Girls Jr. High School. 7. Being aggrieved by such action of the respondent authorities, the petitioner has preferred the instant writ petitions. 8. Mr. Anindya Lahiri, learned senior advocate appearing for the petitioner, through virtual mode, submits that the petitioner has been put on a deputation in a Junior High School where she is supposed to discharge her functions as a teacher in respect of Classes VI to VIII. However, as per the qualification norms of the NCTE, 2 the petitioner is not well equipped to take classes of VI to VIII. Further ‘Deputation’ as per Rule 2(g) of West Bengal Primary School Teachers Recruitment Rules, 2016 (hereinafter referred to as ‘Rules, 2016’) means deputation of teachers of primary schools to the Training Institute by the Council. Therefore, the deputation of petitioner in Junior High School, not being a Training Institute, is de hors the rules. The Government cannot amend or supersede statutory rules by administrative instructions. The authorities, thus, cannot issue orders/office memorandum/ executive instructions in contravention of statutory rules. Instructions can be issued only to supplement the statutory rules but not to supplant it. To buttress his contention, he relies on the decision of Hon’ble Supreme Court passed in Jaiveer Singh and Others versus State of Uttarakhand and Others reported in (2024) 15 SCC 227. In light of his aforesaid submissions, he seeks for cancellation of the impugned order of deputation issued by respondent no.6, Chairman, DPSC, Malda dated 2nd June, 2026 and also for consideration of the representation of the petitioner seeking inter-District transfer in accordance with law. 9. On the contrary, Mr. Avishek Prasad, learned advocate representing DPSC, Malda submits that such order for placement of service has been issued in consonance with earlier notification of the Government being No.223-SE(EE) RTE-41/2013/P-1 dated 24th March, 2015. Such notification of the Government clearly 3 provides that for operationalization of new set up upper primary school the teachers from the primary school can be put on deputation to teach till Class-V only as a stopgap measure. Therefore, such impugned order cannot be called in question. He seeks for dismissal of the writ petition WP-II. So far as the consideration of the prayer of the petitioner for transfer is concerned, the matter may be relegated to the appropriate authority. 10. Learned advocates for the Board as well as the State leave the matter to the discretion of the Court. 11. Upon hearing the learned advocates for respective parties, the issue, which precisely falls for consideration, is whether the impugned order dated 2nd June, 2026 of respondent no.6, Chairman, DPSC, Malda is sustainable or not. 12. Upon bare perusal of the impugned order, it is found that the same has been issued following notification of the Government dated 24th March, 2015. The order clearly records that the service of the petitioner is put on deputation in Bansari Girls Jr. High School temporarily on and from 3rd June, 2026. As per the definition of “Deputation” under Section 2(g) of the Rules, 2016, it manifests that deputation of teachers of primary schools is to be made to Training Institute by the Council. The petitioner has been put on deputation in a Junior High School which is not a Training Institute and thus such order of deputation is beyond the scope of the rules. 4 13. In Jaiveer Singh (supra), the Hon’ble Apex Court observed as follows. “45. It can thus be seen that it is a trite law that the Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, it can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed. It is a settled proposition of law that an authority cannot issue orders/office memorandum/executive instructions in contravention of the statutory rules. However, instructions can be issued only to supplement the statutory rules but not to supplant it.” 14. In view of the aforesaid facts and bearing in mind the observations of the Hon’ble Supreme Court as above, the impugned order of respondent no.6, Chairman, DPSC, Malda dated 2nd June, 2026 is not sustainable. 15. Accordingly, the impugned order dated 2nd June, 2026 of respondent no.6 is hereby set aside. 16. It is found that the petitioner has made a representation seeking transfer on distance ground on 2nd March, 2026 which is pending consideration. 17. Be that as it may, liberty is granted to the petitioner to submit application through Utsashree portal seeking transfer. In the event, the petitioner is unable to submit such application through Utsashree portal, the respondent no.4, the Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 2nd March, 2026 and dispose of the same, upon giving notice to the petitioner, by passing a reasoned order in accordance with law, within a period of eight weeks from the date of communication of this order. 18. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 5 19. Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the Secretary, West Bengal Board of Primary Education. 20. With the above direction, both the writ petitions being WPA 9296 of 2026 and WPA 14884 of 2026 stand disposed of. 21. Since no affidavits have been called for, the allegation made in the writ petitions is deemed to be not admitted. 22. Interim order, if any, stands vacated. 23. All connected applications, if any, stand disposed of. 24. There shall be no order as to costs. 25. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 26. 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.) 6