Moumita Saha v. the State of West Bengal and Ors.
Case brief
What is this about?
Key terms: teacher transfer; single teacher post; neighbouring school deputation as precondition; transfer first, fill vacancy later; resultant vacancy; D.I. of Schools (SE); WBCSSC recommendation of vacancy; appropriate Rules; FMA 1640 of 2025; WPA 17704 of 2025; Rupak Duha FMA 995 of 2025; Moumita Saha; State of West Bengal; Calcutta High Court; order dated 03.09.2025 modified; Coordinate Bench order dated 31.07.2025.
What did the court decide?
FMA 1640 of 2025 allowed and disposed of; connected pending application (I.A. No. CAN 1 of 2025) also disposed of; impugned Single Bench order modified so that the petitioner, if found eligible, may move to her chosen schools or a nearby school with vacancy; D.I. of Schools (SE) to staff the resultant vacancy from a nearby school and to forward the petitioner's application to the Commission within one month; Commission to recommend the available vacancy expeditiously; no order as to costs.