Calcutta High Court reaffirms duty to decide transfer requests within a reasonable timeline; technical downtime of the Utsashree Portal cannot serve as cause for inaction
Summary
| Category | Data |
|---|---|
| Case Name | WPA/15469/2025 of SANTU ROY Vs STATE OF WEST BENGAL AND ORS. |
| CNR | WBCHCA0318262025 |
| Date of Registration | 10-07-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | DISPOSED |
| Court | Calcutta High Court |
| Bench | Single-Judge Bench |
| Judgment Author | HON’BLE JUSTICE SAUGATA BHATTACHARYYA |
| Precedent Value | Clarificatory within jurisdiction |
| Overrules / Affirms | Affirms the principle of timely decision-making in service transfer matters |
| Type of Law | Administrative law (service rules; writ jurisdiction) |
| Questions of Law |
|
| Facts as Summarised by the Court | The petitioner applied for transfer via the Utsashree Portal on 23 July 2022; the application was forwarded by the school authority on 29 August 2022 to the West Bengal Central School Service Commission; since suspension of the portal on 29 September 2022, no decision has been taken. |
| Logic / Jurisprudence / Authorities Relied Upon by Court | The court observed that technical unavailability of the portal does not divest the Commission of its statutory duty; writ jurisdiction permits direction to decide within a fixed timeframe; portal suspension is no ground for rejection. |
| Questions of Law |
|
| Ratio Decidendi | The court held that mere suspension of the Utsashree Portal cannot absolve the Commission of its duty to decide transfer applications in accordance with law. Inherent powers of the High Court under Article 226 permit issuance of a direction to decide pending applications within a specified timeline. Administrative authorities must adopt alternative modes to process applications when online systems are unavailable. Portal suspension cannot be invoked to indefinitely delay or refuse transfer requests. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | West Bengal Central School Service Commission and all similarly situated administrative bodies |
| Persuasive For | Other High Courts in service-rule disputes |
| Follows | Existing administrative law principles on timely disposal of service applications |
What’s New / What Lawyers Should Note
- Suspension of the Utsashree Portal is not a valid ground to defer or reject a transfer application.
- The High Court may fix a concrete timeline for administrative decisions under Article 226.
- Administrative authorities must process pending applications by alternative means when online systems fail.
- Failure to decide within the court-mandated timeframe will constitute non-compliance with judicial direction.
Summary of Legal Reasoning
- The petitioner’s transfer application, filed on 23 July 2022 and forwarded on 29 August 2022, remained undecided due to portal suspension from 29 September 2022.
- The respondents conceded that the portal’s suspension prevented contemporaneous decision-making.
- The court held that technical downtime cannot divest the Commission of its statutory duty and that the Commission must adopt alternate procedures to process applications.
- Exercising its inherent writ jurisdiction, the court directed the Chairman of the Commission to decide the application within six weeks of communication of the order and communicate the decision within a further fortnight.
- The court clarified that portal suspension cannot be a ground to reject or indefinitely delay transfer requests.
Arguments by the Parties
Petitioner
- Submitted that the transfer application was pending since 29 August 2022 and that delay caused by portal suspension amounted to denial of statutory benefit.
- Urged the court to direct the Commission to decide the application within a fixed timeframe.
Respondent (West Bengal Central School Service Commission)
- Admitted the application was received on 29 August 2022 but contended that suspension of the Utsashree Portal from 29 September 2022 prevented further action.
- Sought direction to decide in accordance with law once the portal was restored or by any alternate mode.
Respondent (State of West Bengal)
- Did not advance separate submissions beyond those of the Commission.
Factual Background
Santu Roy, a teacher in a state-aided school, filed an online transfer application on 23 July 2022 via the Utsashree Portal. The school authority forwarded it to the District Inspector of Schools (SE), who on 29 August 2022 transmitted it to the West Bengal Central School Service Commission. The portal was suspended from 29 September 2022, and the Commission did not decide the application thereafter, prompting the petitioner to approach the High Court under Article 226.
Statutory Analysis
- No specific statutory provisions were interpreted by the court beyond its inherent power under Article 226 of the Constitution of India.
- The judgment underscores that administrative authorities cannot rely on technical impediments to defeat statutory or rule-based duties.
Procedural Innovations
- The court’s direction exemplifies use of Article 226 to enforce timelines in administrative decision-making when statutory or rule-based time limits are absent.
- Signals to administrative bodies that alternate procedures must be adopted during technical outages.
Alert Indicators
- ✔ Precedent Followed – The decision reaffirms established administrative law principles on the duty to decide applications in a timely manner.
Citations
- No reported citations or paragraph-specific references were relied upon in the judgment.