24.09.2026 Sl. No.7(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 13593 of 2026 Saikat Subba Versus The State of West Bengal & Ors. Mr. Sudipta Dasgupta, Ms. Dipa Acharyya, Mr. Sutirtha Nayek, Mr. Ritwik Basu …for the Petitioner. Mr. Brijendra Pratap Singh, Mr. Asit Kumar De, Ms. Sneha Chatterjee …for the State. Mr. Arindam Chattopadhyay, Ms. Rika Das …for the DPSC, Nadia. 1. This matter is appearing in the list under the heading “For Orders”. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities for grant of release order in compliance to Memo No.594(4)/NDPSC/26 dated 13th March, 2026 issued by the respondent No.4, Chairman District Primary School Council, Nadia (in short “DPSC”). 3. The petitioner contends that he is an Assistant Teacher of Najirpur Primary School under Tehatta-II Circle within DPSC, Nadia. The petitioner joined the said school on 13th February, 2017. By order of the 2 Chairman dated 13th March, 2026, the petitioner has been transferred to Matiari GSF Primary School under Krishnaganj Circle from the present school. The release order was not granted as in the meantime model code of conduct was imposed for holding West Bengal Legislative Assembly Election, 2026 which was to take place in the month of May, 2026. After the enforcement of model code of conduct ended on 7th May, 2026, the petitioner made application through speed post on 15th May, 2026 for issuance of release order. However, despite such transfer order, the concerned Sub- Inspector of Schools has not taken steps for issuance of release order. For such reasons the petitioner is unable to join the school where he is transferred. Being aggrieved by such action of the respondent authorities the petitioner has preferred the present writ petition. 4. Mr. Sudipta Dasgupta, learned Advocate appearing for the petitioner submits that since the release order has not been issued by the concerned Sub-Inspector of Schools, the petitioner cannot join the school where he has been transferred. There is no plausible reason coming from the side of the respondent authorities for not issuing such release order in favour of the petitioner pursuant to the order of transfer issued by the Chairman, DPSC, Nadia. He also indicates that some of the teachers, who were granted transfer, have already been issued release order. Since the petitioner stands on the similar footing, he should also be 3 favoured with a release order. He seeks for specific direction upon the respondent authorities particularly the respondent No.6, Sub-Inspector of Schools, Tehatta-II Circle to issue release order in favour of the petitioner. 5. On the contrary, Mr. Arindam Chattopadhyay, learned Advocate appearing for the DPSC, Nadia submits that as per West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002 (hereinafter referred to as the „said Rules of 2002’) the power to transfer any teacher is solely vested with the Council. The Chairman cannot issue transfer on his own sweet will and whims. The said transfer order has not been signed by the Secretary of the Council as required under Rule 5(5) of Rules of 2002. As such the transfer order is ex facie void and illegal. More so, the transfer order has been made without any application seeking for transfer by the petitioner and the aspect of Pupil-Teacher-Ratio (in short „PTR‟) has also not been taken into account while issuing such transfer order which clearly violates the mandate of Right of Children to Free and Compulsory Education Act, 2009. The provision of the said Rules of 2002 has also not been followed. The transfer files have not been processed through proper channel. That apart, Usthi United Primary Teachers Welfare Association has also submitted representation before the District Magistrate, Nadia alleging of such irregular transfers 4 made by the Council, which has been forwarded to the District Inspector of School (Primary Education), Nadia, for taking necessary action. Finding such anomalies, the present Chairman-in-Charge being also the District Inspector of Schools (PE) has referred the matter to the Commissioner of School Education for taking a decision with regard to the procedural irregularities noted in such transfer order. He seeks for dismissal of the writ petition. He concedes that some of the teachers have been granted release order. 6. Mr. Brijendra Pratap Singh, learned Advocate for the State also submits in the similar fashion. 7. Upon hearing the learned Advocates for the respective parties, the only issue which falls for consideration is whether the petitioner, in the facts and circumstances of the present case, is entitled to release order pursuant to the transfer order issued by the Chairman, DPSC, Nadia. 8. At the outset, though it has been vociferously submitted on behalf of the DPSC, Nadia that there are certain irregularities in the transfer order dated 13th March, 2026, however, it is relevant to note that the transfer order issued to the petitioner is still subsisting and till date it has not been withdrawn by the Council. Admittedly, some of the teachers who were transferred have been granted release order and they have joined their respective schools where they have been transferred. The Council till date have also not 5 withdrawn such transfer orders granted to those teachers. The submissions advanced on behalf of the Council appears that it challenges its own action, which is impermissible as it has not taken any step at its end to rectify those orders if at all there be any irregularities. Rather release order has been issued in favour of some teachers pursuant to transfer orders issued. The selective action of respondent authorities concerned in issuing release order in favour of some and refusing in case of other amounts to discriminatory action. Such being the position, there cannot be any plausible reason to withhold the grant of release order of the petitioner pursuant to the transfer order issued by the Chairman of the Council. 9. Accordingly, the respondent No.6, Sub-Inspector of Schools, Tehatta-II Circle is directed to issue release order in favour of the petitioner in terms of the transfer order issued by the Chairman vide Memo No.594(4)/NDPSC/26 dated 13th March, 2026 within a period of four weeks from the date of communication of this order. 10. Learned Advocate for the petitioner is directed to communicate this order to the respondent No.6, Sub- Inspector of Schools, Tehatta-II Circle, for necessary compliance. 11. With the above direction, the writ petition being WPA 13593 of 2026 stands disposed of. 6 12. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 13. Interim order, if any, stands vacated. 14. All connected applications, if any, stand disposed of. 15. There shall be no order as to costs. 16. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 17. 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.)