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2026 DAILYLAW 39655 (CAL)

RAKESH MONDAL v. STATE OF WEST BENGAL AND ORS.

MAT/995/2026 · 2026-09-11

Anuj Singh, Rajasekhar Mantha

body2026

Judgment text

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11-09-2026 ct no. 13 Sl. 4 sp M.A.T. 995 of 2026 With CAN 1 of 2026 Rakesh Mondal -Versus- State of West Bengal & Ors. Mr. Sudip Ghosh Chowdhury. …for the appellant. Ms. Mary Datta. ..for the State. Mr. Sunit Kr. Roy. ..for the SSC. 1. The appeal is directed against order dated 22nd April, 2026 passed by a Single Bench of this Court in WPA 1402 of 2025. 2. The respondents were directed to consider the petitioner’s prayer for transfer in the light of the inter se merit between the petitioner and the respondent no. 9. 3. Without waiting for an appropriate decision from the respondents, the writ petitioner has filed the instant appeal. 4. It is contended that the petitioner is entitled to give an option of a further school, i.e., 4th school in terms of the interpretation of Rule 6 of the West Bengal Schools Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015 that were notified on 8th September, 2021. Such interpretation was given by a Co-ordinate Bench on 10th January, 2025 in MAT No. 2171 of 2024 (Biswajit Jana Vs. State). 5. In any event if the petitioner does not succeed in the present application, he is always entitled to apply for transfer to other schools. 6. This Court is of the view that to permit the petitioner to opt for a 4th school at this stage would create several difficulties for the Commission as also several other teachers who have applied before the respondent for transfer. 7. In the light of the above, this Court is not inclined to interfere with the impugned order. 8. MAT 995 of 2026 is disposed of without any further order. 9. Consequently, CAN 1 of 2026 shall also stand disposed of. 10. There shall be no order as to costs. 11. Urgent certified copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Rajasekhar Mantha, J.) (Anuj Singh, J.) 2 3