Calcutta High Court - Jalpaiguri
Subodh Roy vs Samar Chandra Mandal & Anr on 8 January, 2026
JPD-01
08.01.2026
Ct. No.18
pg.
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI
SPECIAL CIVIL JURISDICTION
APPELLATE SIDE
(From the Principal Bench)
CPAN 15 of 2025
in
WPA 2116 of 2024
Subodh Roy
v.
Samar Chandra Mandal & Anr.
Mr. Bikash Singh (through vc)
... For the petitioner
Mr. Hirak Barman (through vc)
... For the contemnor no.1
Mr. Sunit Kumar Roy
... For the contempt no.2
1.From the submission made on behalf of the parties, it appears that alternate arrangement for engaging a teacher in the event the petitioner's application for transfer is allowed could not be made by the District Inspector of Schools for which the Commission has expressed its inability to consider the petitioner's request for transfer.
2. Whether the application for transfer can be kept pending indefinitely in the absence of a willing teacher to perform the work has been decided by the Hon'ble Division Bench of this Court in the matter of Rupak Dhua v. The State of West Bengal & Ors. passed in FMA No.995 of 2025 with CAN No.1 of 2025 on 31st July, 2025 wherein the Court took note 2 of the notification dated 3rd January, 2022 amending the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Reallocation) Rules, 2015.
3. The Court was of the opinion that the aforesaid notification states that it would be an obligation on the part of the District Inspector of Schools (S.E.) to take urgent steps in a time bound manner to search for a teacher on the same subject from nearby schools and make local arrangement so that the teacher of the other school attends the school wherefrom the single teacher had applied for transfer. The petitioner's claim for transfer cannot be kept in abeyance till a willing teacher is found.
4. As the law has been settled by the Hon'ble Division Bench of this Court, the authorities ought to act in accordance with the same.
5. The contempt application is made returnable on 19th February, 2026.
6. Fate of the petitioner's prayer for transfer shall be made known to him prior to the adjourned date.
7. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.
(Amrita Sinha, J.)