Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 6417 (CAL)

MANASI SARDER v. STATE OF WEST BENGAL AND ORS.

WPA/2512/2026 · 2026-02-09

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09-02-2026 Item No.2 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.2512 of 2026 Manasi Sarder -vs- The State of West Bengal & Ors. Mr. Ujjal Ray Mr. Abdur Rahim …for the petitioner Mr. Akash Dutta …for the State Mr. Sunit Kumar Roy …for the Commission Ms. Saswati Chatterjee …for the Board 1. The petitioner has been recommended on transfer to the third preferred school as the first preferred school has been included in the indicative vacancy list of 2nd SLST (AT), 2025. 2. As regards the second preferred school, there are four other applicants who applied for transfer earlier than that of the petitioner. Out of the four candidates applying for the same school, one seeks transfer on medical ground and the said application is pending consideration since October 2022. The petitioner also seeks transfer on medical ground. 3. It will not be proper to accept the prayer of the petitioner for being transferred to the second preferred school by ignoring the claim of others. 4. As the first preferred school by the petitioner is included in the indicative vacancy list of the ongoing recruitment process, the Court is not inclined to pass any direction with regard to the same. 5. As regards the second preferred school by the petitioner, the applications made by four other applicants could not be proceeded after September 29, 2022 in view of suspension of the Utsashree portal. 6. As transfer is an incident of service, suspension of the Utsashree portal ought not to stand in the way of the authority from considering the applications for transfer. 7. In view of the above, the instant writ petition stands disposed of by directing the West Bengal Central School Service Commission to call for a hearing of the candidate who seeks transfer on medical ground and whose name appears at serial no.1 and whose application is pending consideration since October 2022 along with the petitioner. 8. If the other candidate is still willing to join in the second preferred school chosen by the petitioner, then the Commission shall take necessary steps in the matter. 9. If the said candidate declines to accept transfer in Shantipur High School (HS), then the petitioner can be provided an opportunity to seek transfer in the said school. 10. A decision shall be taken by the Commission at the earliest but positively within a period of eight weeks from the date of communication of this order. 11. If the prayer of the petitioner is accepted, then necessary consequential stops shall be taken without any further delay. 2 12. The recommendation made in respect of Moukhali Gopinathpur Gourabbala Vidyalaya in favour of the petitioner be kept in abeyance till a decision is taken by the Commission in this regard. 13. It is, however, made clear that in the event the petitioner is interested to join in Mukhali Gopinathpur Gourabbala Vidyalaya, she may choose to do so upon giving prior intimation to the Commission. 14. A copy of the instruction issued by the Chairman, West Bengal Central School Service Commission signed on February 5, 2026 has been handed over to the learned counsel for the petitioner in Court. 15. All parties are to act on the server copy of this order duly downloaded from the official website of this Court. 16. Certified copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 3 4