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2026 DAILYLAW 577 (CAL)

SANTA MANDAL DAS v. STATE OF WEST BENGAL AND ORS.

WPA/24593/2024 · 2026-01-13

Amrita Sinha

body2026

Judgment text

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13th Jan., 2026 Item no.D/L 26 Court No. 18 Susanta, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 24593 Of 2024 In the matter of : Santa Mandal Das alias Santa Mandal …. Petitioner VS. The State of West Bengal & Ors. ….Respondents For the Petitioner: Mr. Ujjal Ray, ….Advocate For the State: Mr. Binay Kumar Das, Ms. Amrita Tewari, ….Advocates For the SSC: Mr. Sunit Kumar Roy, Ms. Susmita Mondal, …. Advocates 1. The petitioner’s prayer for seeking transfer stood rejected by the District Inspector of Schools on 28th October, 2021 with the observation that the petitioner was a single teacher in the concerned subject. 2. The petitioner reapplied for transfer which again stood rejected by the head of the institution on 27th January, 2022 with the observation that the application exceeded the 10% permissible limit of the teachers eligible for transfer. 3. The petitioner is aggrieved by the same. 4. The Court directed the State respondents to revert with instruction from the District Inspector of Schools (Secondary Education), Paschim Medinipur with regard to the staff strength of the school. Page 2 5. Though the District Inspector of Schools has forwarded a report signed on 7th January, 2026, but the staff strength of the school has not been disclosed in the said instruction. 6. It appears that more than four years have elapsed after the petitioner’s application for transfer stood rejected. There may have been a change in the staff strength of the school in the meantime. 7. In view of the above, the instant writ petition stands disposed of with the observation that it will be open for the petitioner to file fresh application for transfer offline. On receipt of the application from the petitioner, the same shall be considered by the head of the institution in accordance with law at the earliest but positively within a period of eight weeks from the date of filing the application. 8. If the prayer of the petitioner is allowed, then necessary consequential steps shall be taken by the school authority. 9. Suspension of the ‘Utsashree Portal’ will not stand in the way of the respondents in considering the application of the petitioner seeking transfer. 10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)