24.09.2026 Sl. No.35 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 5817 of 2026 Debdas Bangal Versus The State of West Bengal & Ors. Mr. Debasish Sur Mr. Banshi Badan Maity Mr. Dipam Mozumder …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Asit Kumar De … for the State Mr. Ratul Biswas Mr. Kaushik Chowdhury … for the WBBPE Mr. Biswabrata Basu Mallick … for the DPSC, Uttar Dinajpur 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant inter-District transfer to the petitioner from her present place of posting in the District of Uttar Dinajpur to a school in the District of Bankura on distance ground. 3. The petitioner contends that he joined as an Assistant Teacher in Chitora Gandal F.P. School, District Uttar Dinajpur on 7th August, 2021. The petitioner is confirmed in service with effect from 7th August, 2023. The house of the petitioner is situated about 428 kilometers away from his present place of posting. On 2nd February, 2026 the petitioner made a representation before the authority concerned for his transfer on distance ground. However, 2 the same is pending consideration. Hence, this writ petition. 4. Mr. Debasish Sur, learned Advocate appearing on behalf of the petitioner submits that the matter be relegated to the appropriate authority for consideration of the representation of the petitioner seeking his transfer on distance ground. 5. On the contrary, Mr. Koushik Chowdhury, learned advocate appearing on behalf of the West Bengal Board of Primary Education submits that the application has been filed within a period of five years from the date of joining of the petitioner, which is violative of Rule 4(b) of the West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002, as amended vide notification dated 13th September, 2021 (hereinafter referred to „Rules of 2002’). 6. In order to examine the aforesaid issue, it would be profitable to reproduce the provisions of Rule 4(b) of the Rules of 2002 as hereunder: “4(b) on an application from a teacher, transfer approved teacher within its jurisdiction from one Primary School to another Primary School on the condition that such approved teacher, in case of mutual transfer, is confirmed and in case of single transfer, is confirmed and has completed minimum five years of continuous service.” 7. Admittedly, the petitioner has filed application for transfer on distance ground prior to completion of five years. Bearing in mind the aforesaid provisions, the application of the petitioner seeking transfer cannot be entertained before completion of the statutory period as it contravenes the provisions of Rule 4(b). 3 8. Accordingly, this writ petition being WPA 5817 of 2026 falls short of merit and thus stands dismissed. 9. However, it is left open to the petitioner to seek for transfer, upon completion of five years, either through online, i.e. Utsashree portal or offline, if the portal is not available. 10. Interim order, if any, stands vacated. 11. All connected applications, if any, stand disposed of. 12. There shall be no order as to costs. 13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 14. 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.)