Authority: Calcutta High Court, Circuit Bench at Jalpaiguri

Order Date: 6 October 2026

Case Overview

  • Petitioner Aranya Prakas Si, appointed Assistant Teacher (Education) at Putimari High School on 23 August 2010, joined service on 3 September 2010.
  • He applied for a general transfer through the Utsashree portal on 5 August 2021 under the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015.
  • The application was rejected because he was the sole teacher of the subject in the school.
  • The petitioner filed WPA 872 of 2024; on 24 April 2024 a coordinate bench directed the authority to revisit the matter.
  • The authority sought an alternative substitute teacher; the proposed substitute, Sri Palash Sarkar, declined.
  • The petitioner relied on judgments FMA 995 of 2025 (31 July 2025) and FMA 1640 of 2025 (24 July 2026).
  • The State argued that a transfer cannot be considered without an alternative arrangement.
  • The West Bengal Central School Service Commission indicated the application should be sent by the District Inspector of Schools (SE) to the Commission.

The court examined the amendment memo dated 3 January 2022 to the 2015 Rules, which states that for a single‑subject teacher’s transfer, the application shall not be rejected and the District Inspector (SE) must discuss with the Chief School Education Officer (CSE) and, where feasible, arrange a temporary substitute from nearby schools, but such temporary arrangement is not a prerequisite for granting the transfer.

Final Outcome

  • The District Inspector of Schools (SE) (5th respondent) must forward the petitioner’s application to the Chairman of the West Bengal Central School Service Commission (4th respondent) within two weeks of this order.
  • The Commission must consider the application in light of the 3 January 2022 memo and issue a reasoned decision within four weeks of receipt.
  • The decision must be communicated to the petitioner within one week of the Commission’s ruling.
  • No order as to costs; allegations not deemed admitted as no affidavit was filed.
  • Certified copy of the order to be supplied upon compliance with formalities.

Topics: Education Transfer, Judicial Direction, State Service Rules