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Dr. MD Reja Ahammad v. State of West Bengal and Ors.

Calcutta HC7 May 2025FMA/641/2025

Case brief

AI extract

What is this about?

Transfer application pendency; vacancies filled in transferee college; DPI directed to decide pending transfer application dated 04.03.2024 first; modification of interim order; time-bound disposal within four weeks; fresh representation per Single Judge order dated 19.02.2025; W.B.C.S.C.; State of West Bengal; FMA 641 of 2025; appeal disposed of; no costs.

What did the court decide?

Appeal and connected application (CAN 1 of 2025) disposed of by modifying the interim order: the DPI is to decide the pending transfer application dated 4th March, 2024 within four weeks, and, if the transfer cannot be allowed, dispose of the fresh representation within a further four weeks; no order as to costs. ¶20

Dr. MD Reja Ahammad Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the DPI must first consider and dispose of the appellant's pending transfer application dated 4th March, 2024 before taking up the fresh representation permitted by the learned Single Judge's order dated 19th February, 2025, given that vacancies in the proposed transferee college have been filled in the interim.

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Court's answer

The interim order is modified only to the extent that, if the application dated 4th March, 2024 is still pending and has not been considered, the DPI shall consider that application first; only if it is found that the proposed transferee college has no vacancy shall the application to be filed in terms of the order dated 19th February, 2025 be considered and disposed of within the time framed in the impugned order, the time commencing from the decision on the 4th March, 2024 representation.

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Ratio / Principle

The representation dated 4th March, 2024 shall be disposed of within four weeks from date; if the request for transfer cannot be allowed for any reason, the fresh representation shall be disposed of within four weeks from the date of disposal of the 4th March, 2024 representation.

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Detailed headnote1 paragraphs

FMA 641 of 2025 (with CAN 1 of 2025), decided 07.05.2025 (Coram: Soumen Sen, J. and Smita Das De, J.). The appellant challenged the treatment of his transfer application dated 4th March, 2024, which remained pending while vacancies in the proposed transferee college were filled and other transfer applications were allowed. The learned Single Judge had, by order dated 19th February, 2025, granted liberty to make a fresh representation to be disposed of by the DPI within a time-frame. The Division Bench modified the interim order only to the extent of directing that, if the 4th March, 2024 application is still pending, the DPI shall consider it first; only upon finding no vacancy in the proposed transferee college would the application filed pursuant to the order dated 19th February, 2025 be considered, with the representation dated 4th March, 2024 to be disposed of within four weeks and, if the transfer is refused, the fresh representation within a further four weeks. Appeal and connected application disposed of; no order as to costs.

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07.05.2025 Sl No.22 Court No.8 (gc)

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FMA 641 of 2025 CAN 1 of 2025

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Dr. Md. Reja Ahammad Vs. The State of West Bengal & Ors.

Mrs. Usha Maiti,

Mr. Sakya Maity

… for the Appellant.

Mr. Swapan Kr. Datta, Ld. A.G.P., Mr. Dipankar Das Gupta

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…for the State. Mr. Subhrangshu Panda, Mrs. Ina Bhattacharyya, Mrs. Mithu Singha Mahapatra

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…for the W.B.C.S.C.

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The grievance of the appellant seems to be that the authorities keeping the application

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for transfer pending has filled up the vacancies and allowed transfer applications of others. It appears from the impugned order that in absence of any specific data available to the candidates, it was not possible for the candidate to ascertain in advance whether any vacancy exists in the proposed transferee college.

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Mrs. Usha Maiti, learned Counsel appearing on behalf of the appellant/petitioner has submitted that the application of the petitioner for transfer dated 4^th March, 2024 was pending when the impugned order was passed. However, the particular college to which such prayer was made has been filled

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up then it may not be possible at this stage to reverse the process. We find that the learned Single Judge has given liberty to the writ petitioner to make a fresh representation to be disposed of by the DPI within a time-frame.

We modify this interim order only to the extent that in the event the application dated 4^th March, 2024 is still pending and has not been considered as yet, the DPI shall consider the said application first and in the event it is found that the proposed transferee college has no vacancy then the application to be filed in terms of the order dated 19^th February, 2025 shall be considered and dispose of within the time framed in the impugned order.

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The time period in that case shall commence from the date of taking a decision with regard to the representation dated 4^th March, 2024. The representation dated 4^th March, 2024 first shall be disposed of within four weeks from date and in the event the request for the transfer cannot be allowed for any reason, the fresh representation should be disposed of within four weeks from the date of disposal of the representation dated 4^th March, 2024.

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With the aforesaid observation, the appeal and the connected application are disposed of.

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