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2026 DAILYLAW 838 (CAL)

ALOKE BIHARI CHATTOPADHYAY v. STATE OF WEST BENGAL AND ORS.

WPA/2215/2026 · 2026-04-01

Reetobroto Kumar Mitra

body2026

Judgment text

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01.04.2026 17 sdas WPA 2215 of 2026 Aloke Bihari Chattopadhyay Vs. The State of West Bengal & Ors. Mr. Aviroop Bhattacharya …. for the petitioner Mr. Asim Kumar Ganguli, ld. AGP Ms. Sanghamitra Nandy …. for the State Mr. Sutanu Kumar Patra Ms. Supriya Dubey …. for the SSC Ms. Saswati Chatterjee …. for the WBBSE 1. Let affidavit-of-service, as filed in Court, be kept on record. 2. The petitioner is an Assistant Teacher and Teacher-in-Charge in the Jhalda Hindi High School. The petitioner has applied for transfer from the said school which is pending before the concerned District Inspector of Schools. Transfer of the petitioner had not been duly forwarded to the concerned District Inspector of Schools and the same is pending. 3. The petitioner is also faced with the additional difficulty that the school presently does not have a 2 Managing Committee nor an Administrator or President, on account whereof the Committee, whose tenure has expired in December, 2023, is now functioning as the Ad-hoc Committee with the consent of the Board. It is the Ad-hoc Committee which has to forward the application of the petitioner seeking transfer to the concerned District Inspector of Schools, without taking the ground that the petitioner is a single teacher in his subject as the same has already been decided by the Hon’ble Court in Gokul Chandra Mallick vs. State of West Bengal & Ors. in MAT 1218 of 2024 and Rupak Dhua vs. State of West Bengal & Ors. In FMA 995 of 2025. 4. In such circumstances, the petitioner will make a fresh application to the Ad-hoc Committee by April 10, 2026, which will be considered and if found eligible by the Committee, will be forwarded to the concerned District Inspector of Schools, within a period of two weeks thereafter. 5. The concerned District Inspector of Schools will take steps to consider the application of the petitioner and if found eligible, will dispose of the same as expeditiously as possible within a period of four weeks from the date of receipt of such application. 3 6. The suspension of ‘Utsashree Portal’ will not be an impediment for the concerned authority to consider the application for transfer of the petitioner. The same shall be considered in an offline mode. 7. With the aforestated directions, the writ petition is, thus, disposed of. 8. There shall, however, be no order as to costs. 10.Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)