Extracted from the PDF above. The PDF is authoritative.
S/L 1 In the High Court at Calcutta 21.07.2025 Circuit Bench at Jalpaiguri Court. No. 19
Suvayan CAN 1 of 2025 In WPA 2695 of 2024
Soma Mondal Vs. The State of West Bengal & Ors. Mr. Santanu Maji …for the petitioner. Ms. Mousumi Bhowal
Mr. Aman Gupta
…for D.P.S.C., Coochbehar. In Re: CAN 1 of 2025
1. The affidavit-of-service as filed today on behalf of the writ petitioner is taken on record. 2. By filing the instant application being CAN 1 of 2025 the writ petitioner has prayed for modification of the judgment and order dated 07.01.2025 as passed by this Court in WPA 2695 of 2024. 3. At the time of hearing, learned Advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to the judgment and order dated 07.01.2025 as passed in WPA 2695 of 2024 as has been annexed at page nos. 51 to 53 of the instant application. 4. It is submitted that since the writ petitioner has prayed for inter-district transfer the appropriate authority for considering the representation would be the respondent no. 4 that is the Secretary, West Bengal Board of Primary Education instead of the respondent no. 6 that is the District Primary School Council, Cooch Behar. It is submitted that due to bona fide mistake at the time of
2 hearing such factum was not placed before this Court. It is thus submitted that instead of respondent no. 6, the respondent no. 4/authority may be directed to comply with the judgment and order dated 07.01.2025 as passed in WPA 2695 of 2024. 5. Such contention is not opposed by the learned Advocate appearing on behalf of D.P.S.C., Cooch Behar. 6. Such being the position, this Court while disposing the instant writ petition directs the respondent no. 4/authority that is the Secretary, West Bengal Board of Primary Education to consider a copy of the instant writ petition as a representation of the writ petitioner. 7. The respondent no. 4 is directed to give an opportunity of hearing either to the writ petitioner and/or her authorized representative and thereafter shall pass a reasoned order on such representation and shall communicate such reasoned order to the writ petitioner forthwith preferably through mail, if the mail details of the writ petitioner is furnished to him at the time of hearing. 8.
It is made clear that the entire exercise as indicated in the foregoing paragraph is to be completed by the respondent no. 4/authority within a period of 60 working days from the date of communication of this order. 9. The respondent no. 4 is directed to act on the server copy of this order. 3
10. Liberty is give to the learned Advocate for the writ petitioner to communicate the server copy of this order to the respondent no. 4. 11. The judgment and order dated 07.01.2025 as passed in WPA 2695 of 2024 is thus modified to the extent indicated hereinabove. 12. With the aforementioned observation, CAN 1 of 2025 is disposed of. (Partha Sarathi Sen, J.)