Dismissed¶18

Abul Hasan Shahabuddin v. State of West Bengal and Ors.

Calcutta HC24 Jul 2026FMA/1023/2024

Case brief

AI extract

What is this about?

Teacher transfer/posting through Utshashree Portal; Schools Service Commission (West Bengal); transfer on medical ground; ranking first in order of time; requirement to opt for multiple nearby schools; Budhigram Anchal High School (HS), Birbhum; Rampurhat Railway Adarsha Vidyamandir, Birbhum; vacancy filled with senior-ranked candidate; appeal held frivolous; dismissal with Rs. 5,100/- costs payable to School Service Commission; connected application CAN 1 of 2024 dismissed; interim orders vacated.

What did the court decide?

No relief to the appellant; appeal dismissed with costs assessed at Rs. 5,100/- payable by the appellant to the School Service Commission; connected applications dismissed and interim orders, if any, vacated. ¶18

Abul Hasan Shahabuddin Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petitioner was entitled to the vacant post/transfer at Rampurhat Railway Adarsha Vidyamandir, where respondent no. 10, ranked first in order of time, was appointed, given that the petitioner had opted for only one school and no alternative nearby schools as required by the rules. +1 more

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Court's answer

Since the private respondent (respondent no. 10) was ranked in order of time above the writ petitioner, his appointment to the vacant post at Rampurhat Railway Adarsha Vidyamandir cannot be questioned.

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Ratio / Principle

The writ petitioner, even on affidavit before the Court and in the writ petition, failed to demonstrate that he had opted for any two other alternative nearby schools as required by the rules.

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Key takeaways

The posting of the private respondent at Rampurhat Railway Adarsha Vidyamandir cannot be faulted.ratio¶17
The impugned order dated 26 June 2024 calls for no interference; the appeal is ex facie frivolous and devoid of merit, as was the writ petition.ratio¶17

Detailed headnote1 paragraphs

Appeal against the Single Bench order dated 26 June 2024 in W.P.A. No. 13595 of 2022 dismissed. The appellant-writ petitioner had applied through the Utshashree Portal for transfer on medical ground from Budhigram Anchal High School (HS), Budhigram, Birbhum to Rampurhat Railway Adarsha Vidyamandir, Birbhum, but had opted for only that one school, and no other nearby school as required by the rules. Respondent no. 10, ranked first in order of time, was given the vacant post; the Division Bench held that his appointment and posting cannot be questioned or faulted, and that the petitioner failed to demonstrate, even on affidavit, that he had opted for two alternative nearby schools. The impugned order was held to call for no interference and the appeal was held ex facie frivolous and devoid of merit. FMA 1023 of 2024 dismissed with costs of Rs. 5,100/- payable by the appellant to the School Service Commission (although a subsequent paragraph of the order states 'no order as to costs'); connected applications dismissed and interim orders, if any, vacated. Bench: Rajasekhar Mantha and Rai Chattopadhyay, JJ.

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Sl. No.5

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24.07.2026 Court no.13 sp

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F.M.A. 1023 of 2024 With CAN 1 of 2024 Abul Hasan Shahabuddin Versus

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The State of West Bengal & Ors.

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Md. Salahuddin, Md. Raziuddin.

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..for the appellant.

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Mr. Debapriya Gupta, ld. A.G.P., Mr. Rahul Agarwala.

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..for the State.

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Mr. Arindam Banerjee.

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..for the respondent no. 10.

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The appeal is directed against the order dated 26^th June, 2024 passed by a Single Bench of this Court in W.P.A. No. 13595 of 2022.

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The grievance of the writ petitioner before the Single Bench was that he had applied for transfer on the medical ground on his choice from Budhigram Anchal High School (HS), Budhigram, Birbhum to the Rampurhat Railway Adarsha Vidyamandir, Birbhum. The said application was made on the Utshashree Portal. The writ petitioner later came to know that the respondent no. 10 who was ranked first in order of time was given the post vacant at the said Rampurhat Railway Adarsha Vidyamandir.

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Before the Single Bench, the respondent/Schools Service Commission was asked to file a report by way of affidavit. It transpires from the said report that the

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writ petitioner had only opted for one school in his application, i.e., Rampurhat Railway Adarsha Vidyamandir and no other option of any other nearby school as required by the rules was opted for.

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Since the private respondent was ranked in time above the writ petitioner, his appointment cannot be questioned. The writ petitioner even on affidavit before this Court and in the writ petition has not been able to demonstrate that he had opted for any two other alternative nearby schools.

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In that view of the matter, the posting of the private respondent at the Rampurhat Railway Adarsha Vidyamandir cannot be faulted. The impugned order dated 26^th June, 2024 calls for no interference. The appeal is ex facie frivolous and devoid of merit as was the writ petition.

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