Disposed¶19

Madhumita Ghorai v. State of West Bengal and Ors.

Calcutta HC24 Jul 2026FMA/612/2026

Case brief

AI extract

What is this about?

Teacher transfer; transfer approved by authorities; no need to wait for replacement to man post; resultant vacancy; School Service Commission (SSC); District Inspector of Schools (SE) Purba Medinipur; Single Bench order dated 23.06.2025 modified; Rupak Dhua v. State of West Bengal (31.07.2025) applied; Madhumita Ghorai; State of West Bengal; FMA 612 of 2026; CAN 1 of 2025; disposed of; no costs; decision dated 24.07.2026.

What did the court decide?

Impugned Single Bench order dated 23.06.2025 modified: DIOS (SE), Purba Medinipur to forward the appellant's application to the School Service Commission for appropriate orders and find a replacement in the resultant vacancy as expeditiously as possible; FMA 612 of 2026 and CAN 1 of 2025 both disposed of; no order as to costs. ¶19

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

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the Single Bench was right in deferring the transfer of the writ petitioner/appellant until a replacement to man her post was found by a nearby school.

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Court's answer

Applying the ratio of Rupak Dhua Vs. The State of West Bengal & Ors. (judgment dated 31st July, 2025) and other decisions, the Court held that teachers for whom transfer is approved by the authorities need not wait till such time replacement is found.

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Ratio / Principle

The District Inspector of Schools (SE), Purba Medinipur shall forward the writ petitioner's/appellant's application to the School Service Commission for appropriate orders and thereafter find a replacement in the resultant vacancy as expeditiously as possible; the impugned order shall stand modified accordingly.

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Detailed headnote1 paragraphs

Teacher transfer – approval of transfer does not require the teacher to wait until a replacement is found to man the post. Deciding FMA 612 of 2026 (Madhumita Ghorai v. The State of West Bengal & Ors.) on 24.07.2026, the Division Bench (Rajasekhar Mantha and Rai Chattopadhyay, JJ.) applied the ratio of Rupak Dhua Vs. The State of West Bengal & Ors. (judgment dated 31.07.2025) and other like decisions, and held that teachers for whom transfer is approved by the authorities need not wait till such time replacement is found. The Court directed the District Inspector of Schools (SE), Purba Medinipur to forward the writ petitioner's/appellant's application to the School Service Commission for appropriate orders and thereafter find a replacement in the resultant vacancy as expeditiously as possible. The impugned Single Bench order dated 23.06.2025, which had deferred the transfer pending a replacement from a nearby school, was modified accordingly. FMA 612 of 2026 and CAN 1 of 2025 were disposed of; no order as to costs.

Madhumita Ghorai v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Madhumita Ghorai v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

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