01 April 2025 Civil Appeals >> Civil & Consumer Law   |   Administrative Law >> Constitution & Law Procedure   |   Employee Related >> Corporate Law  

In State of West Bengal & Another v/s Moumita Saha & Others., the Supreme Court of India overturned a Calcutta High Court order that had directed the State of West Bengal to transfer an Assistant Professor to a college closer to her home. The High Court had acted on the basis of the professor's personal hardship due to the long commute and her need to care for elderly parents, citing the West Bengal Colleges (Transfer of Employees) Rules, 2017.

The Supreme Court, however, emphasized that transfer is an exigency of service and not a matter of right or choice. Courts should generally refrain from interfering in transfer matters unless there is a violation of law, service rules, or evidence of mala fide intention. In this case, the professor had not challenged any existing transfer order but directly sought a writ of mandamus for a specific transfer.

The Supreme Court noted that the State authorities had already considered and rejected the professor's transfer request, citing the adverse impact on the student-teacher ratio at her current college. The court upheld the State's decision, stating that it was based on administrative exigencies and a policy decision, which is generally outside the scope of judicial review unless discriminatory or illegal. The Supreme Court reiterated the settled legal principle that courts have minimal scope to intervene in transfer matters and that personal difficulties are for the concerned department to consider. Consequently, the Supreme Court set aside the High Court's order, allowing the State's appeal.