RAJDIP CHATTERJEE v. STATE OF WEST BENGAL AND ORS.
WPA/29920/2025 · 2026-09-21
Amrita Sinha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 41827 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 41827 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
18 21.09.2026 Court No.24 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
WPA 29920 of 2025
Rajdip Chatterjee -versus The State of West Bengal & Ors. Mr. Shuvro Prokash Lahiri Mr. Debasis Ghosh Mr. Ankan Mondal Mr. Monmohan Singh Roop Roy
… For the petitioner
Mr. Sunit Kumar Roy
… For the WBCSSC
1. Affidavit of service filed in Court today is taken on record. 2. The petitioner’s application seeking transfer filed by the petitioner has been forwarded by the head of the institution to the District Inspector of Schools without issuing the necessary ‘no objection certificate’. 3. The application for transfer is required to be considered by the Head of the Institution. Only after a ‘no objection’ is issued by the head of the institution, then the same is forwarded to the next superior authority, i.e., the District Inspector of Schools. 4. In the instant case, it appears that the Teacher-in-Charge of the school of the petitioner forwarded the application of the petitioner to the District Inspector of Schools (SE), Howrah without the necessary ‘no objection certificate’. 2
5. It has been brought to the notice of the Court that no objection has not been issued by the school as the petitioner is a single subject teacher. 6. The head of the institution is directed to consider the application for transfer made by the petitioner in accordance with the prevailing transfer rules and law laid down by the Hon’ble Division Bench of this Court on 31st July, 2025 in the matter of Rupak Dhua Vs. The State of West Bengal & Ors. [FMA 995 of 2025 with IA No.: CAN 1 of 2025] wherein the Court took note of the notification dated 3rd January, 2022 amending the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015. 7. The Court was of the opinion that the aforesaid notification states that it would be an obligation on the part of the District Inspector of Schools (SE) to take urgent steps in a time bound manner to search for a teacher on the same subject from nearby schools and make local arrangement so that the teacher of the other school attends the school wherefrom the single teacher had applied for transfer. The petitioner’s claim for transfer cannot be kept in abeyance till a willing teacher is found.
The Court was pleased to direct the District Inspector of Schools to take expeditious steps for filling up the resultant vacancy that might arise after the candidate’s transfer is allowed. 3
8. A decision shall be taken at the earliest but positively within a period of eight weeks from the date of communication of the order. 9. The ground of single-subject teacher cannot be relied upon by the authority to reject the prayer of the petitioner. 10. The fate of the petitioner’s application shall be made known to the petitioner. 11. If the prayer of the petitioner is allowed, then necessary consequential steps by the authorities shall be taken without any further delay. 12. The writ petition stands disposed of. 13. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 14. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities. (Amrita Sinha, J.)