Rupam Biswas Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Rupam Biswas Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the appellant to apply afresh, in off-line mode, for transfer to new schools, with prescribed timelines for forwarding to the District Inspector of Schools and decision by the Secretary, West Bengal Central School Service Commission (six weeks, hearing if required), and communication of a reasoned order within a week of the decision.

Issue for consideration

Whether and on what terms the appellant may make a fresh application for his transfer to new schools in off-line mode. +2 more

Court's answer

The Court disposed of the appeal by granting the appellant liberty to apply afresh, in off-line mode, for transfer to new schools.

Ratio / Principle

Any fresh application filed before the School authorities shall be forwarded to the concerned District Inspector of Schools within two weeks of receipt; the District Inspector of Schools, concerned, shall immediately thereafter forward the application, if otherwise in form and complete, to the West Bengal Central School Service Commission for consideration.

Key takeaways

Where the fresh application is not in form, the appropriate authorities shall inform the applicant to remove and/or rectify such defects or to furnish such other information as may be required for consideration.ratio¶6
Upon receipt of an in-form application from the office of the DI, the Secretary, West Bengal Central School Service Commission, shall decide the application within six weeks, giving an opportunity of hearing to the writ petitioner/appellant if required, and the representation shall be disposed of by a reasoned order communicated to the appellant within a week after the decision is taken.ratio¶7

Detailed headnote1 paragraphs

Appeal MAT 471 of 2025 (with CAN 1 of 2025), arising out of the order dated 24.03.2025 of the learned Single Judge in WPA 5706 of 2025 concerning appellant Rupam Biswas's school transfer, was disposed of by the Division Bench (Soumen Sen, J. and Smita Das De, J.). The appellant was granted liberty to apply afresh, in off-line mode, for transfer to new schools. Fresh applications filed before the School authorities must be forwarded to the concerned District Inspector of Schools within two weeks of receipt, and the DI must immediately thereafter forward applications otherwise in form and complete to the West Bengal Central School Service Commission for consideration. Defective applications must be notified to the applicant for removal/rectification of defects or furnishing of further information. Upon receipt of an in-form application from the DI's office, the Secretary of the Commission must decide within six weeks, affording an opportunity of hearing if required, and dispose of the representation by a reasoned order communicated to the appellant within a week of the decision. The order records that, pursuant to Rule 692) of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015, an amendment of 08.09.2021 substituted Rule 6, dispensing with the maximum limit of 'three' preferential choices — an aspect considered by the coordinate Bench on 10.01.2025 in MAT 2140 of 2024 (Biswadeep Deb vs. The State of West Bengal & Ors.). Urgent Photostat certified copy directed to be supplied on compliance with formalities.

MAT 471 of 2025 Item08-04-2025 CAN 1 of 2025 14. Rupam Biswas Vs. sg State of West Bengal & Ors. Ct. 8 Mr. Sudip Ghosh Chowdhury Ms. Debalina Chakraborty Ms. Pritha Biswas … for the appellant Mrs. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja …for the W.B.B.S.E. Mr. Sunit Kr. Roy …for the SSC Mrs. Rupsha Chakraborty Ms. Amrita Tewari …for the State

Affidavit of service filed in Court is taken on record.

The appeal is arising out of an order dated 24^th March, 2025 passed by the learned Single Judge in WPA 5706 of 2025.

We dispose of the appeal by giving liberty to the appellant to apply afresh for new schools for his transfer in off-line mode.

In the event any application is filed before the School authorities, the same shall be forwarded to the concerned District Inspector of Schools within two weeks from the date of receipt of the said application and the District Inspector of Schools, concerned, immediately thereafter shall forward the said application, if it is otherwise in form and complete, to the West Bengal Central School Service Commission for consideration.

In the event, the application is not in form, it should be

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informed by the appropriate authorities to the applicant to remove and/or rectify such defects or to furnish such other information that may be required for consideration.

The Secretary, West Bengal Central School Service Commission, upon receipt of the application, in form, from the office of the DI shall decide the said application within a period of six weeks thereafter and if required by giving an opportunity of hearing to the writ petitioner/appellant. The representation shall be disposed of by a reasoned order which shall be communicated to the appellant within a week after a decision is taken.

In view of Rule 692) of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015, there has been an amendment on 8^th September, 2021 by which Rule 6 has been substituted dispensing with the maximum limits of ‘three’ as preferential choices and this aspect of the matter is considered by the coordinate Bench on 10^th January, 2025 in MAT 2140 of 2024 (Biswadeep Deb vs. The State of West Bengal & Ors.) .

In view of the above, the appeal and the application are accordingly, disposed of.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

(Soumen Sen, J.)

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(Smita Das De, J.)