Suman Das Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Suman Das Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed and disposed of: impugned Single Bench order modified so that the petitioner, found eligible for transfer, may move to the chosen school or a nearby vacancy; D.I. of Schools (SE) to urgently locate a substitute teacher for the resultant vacancy and, within one month, forward the petitioner's application to the Commission under the appropriate Rules; Commission to expeditiously recommend the available vacancy. Connected pending application disposed of. No order as to costs.

Issue for consideration

Whether identification of a willing teacher from a neighbouring school can be made a precondition for transferring a petitioner who otherwise fulfils all criteria for transfer, including where the post is a single-teacher post.

Court's answer

Identification of a willing teacher from a neighbouring school cannot be made a precondition for holding the transfer of a petitioner who otherwise fulfils all criteria for transfer, even if it is a single-teacher post.

Ratio / Principle

The impugned Single Bench order is modified to the extent that the petitioner, being found eligible for transfer, shall be permitted to move to the chosen schools or to the one where a vacancy is available nearby to the chosen schools.

Key takeaways

The D.I. of Schools (SE) is directed to take urgent steps to locate a teacher from a nearby school to instruct the students of the existing school in the subject concerned in the resultant vacancy.ratio¶20
The D.I. of Schools is directed to take appropriate steps within one month from the date of communication of the order, namely to send the petitioner's application to the Commission for further steps under the appropriate Rules, subject to the petitioner fulfilling all criteria.ratio¶23

Detailed headnote1 paragraphs

Division Bench (Rajasekhar Mantha and Rai Chattopadhyay, JJ.) allowed F.M.A. 1657 of 2025 against the Single Bench order dated 14.01.2025 in WPA 30484 of 2024 concerning transfer of a school teacher (Geography, Higher Secondary section) pursuant to his transfer application dated 27 July 2022. Holding: identification of a willing teacher from a neighbouring school cannot be made a precondition for effecting the transfer of a teacher who otherwise fulfils all transfer criteria, even on a single-teacher post, placing reliance on the coordinate-bench order dated 31 July 2025 in Rupak Duha v. The State of West Bengal and others (FMA 995 of 2025). The impugned order was modified to permit the petitioner to move to the chosen school or a nearby vacancy. Directions: the D.I. of Schools (SE) to urgently locate a teacher from a nearby school for the resultant vacancy and, within one month of communication, forward the petitioner's application to the Commission under the appropriate Rules; the WBCSSC to take expeditious steps to recommend the available vacancy. Connected pending application disposed of; no order as to costs.

24.07.2026. Court No. 13 Item No. 15 pk

F. M. A. 1657 of 2025 With I.A. No. CAN 1 of 2025

Suman Das

-Versus-

The State of West Bengal & Ors.

Mr. S. P. Lahiri

… for the appellant .

Mr. Sahasrangshu Bhattacharjee, Ld. AGP Ms. Mary Datta,

Ms. Jagannath Chatterjee

… for the State.

Mr. Nilay Baran Mondal … for the respondent no. 6.

Mr. Kanak Kiran Bandyopadhyay … for the WBCSSC.

Affidavit-in-reply filed in Court is taken on record.

The instant appeal is directed against an order dated 14.01.2025 passed by a Single Bench of this Court in WPA 30484 of 2024. The Single Bench has substantially dealt with the law with regard to the transfer but has only deviated therefrom in last eight lines of paragraph 8 on the 5^th page of the impugned order. The said expression is as follows :

“and find out a willing teacher who can man the post of the petitioner from neighbouring schools. If willing teacher is found who can take classes of Geography in Higher Secondary section after transfer of the petitioner, steps shall be taken to transfer the petitioner in accordance with law based on his transfer application dated 27^th July, 2022.”

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Mr. Lahiri, learned counsel for the appellant has placed the case of Rupak Duha Vs. The State of West Bengal and others in FMA 995 22025 which was disposed of by an order dated 31^st July, 2025 by a Coordinate Bench. In the said order it has been clarified that the teacher upon fulfilling all criteria is required to be transferred and relief first and the resulted vacancy shall be filled up even by calling upon a teacher of the similar subject in a nearby school to man the post and impart instructions in the subject in which the applicant was the only teacher.

This Court is of the view that the identification of a teacher from a neighbouring school cannot be made a precondition for holding the transfer of the petitioner who otherwise fulfils all criteria for transfer even if it is a single teacher post.

In that view of the matter, the impugned order is modified to the extent that the petitioner is found eligible for transfer, shall be permitted to move to the chosen schools or the one where vacancy is available nearby to the chosen schools.

The D. I. of Schools (SE) shall thereupon taka urgent steps to locate a teacher from a nearby school to instruct students of the existing schools in the subject concerned in the resultant vacancy.

The D.I. of Schools(SE) shall therefore take immediate steps to send the application of the

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petitioner to the Commission for further steps under the appropriate Rules subject to the petitioner’s fulfilling all criteria. Let the D.I. of Schools take appropriate steps within one month from the date of communication of a copy of this order. The Commission shall thereafter take expeditious steps to recommend available vacancy to the petitioner.

With the aforesaid observations, FMA 1657 of 2025 is allowed and disposed of. Consequently connected pending application is also disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)

(Rai Chattopadhyay, J.)