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2026 DAILYLAW 10604 (CAL)

SUDEB DAS v. STATE OF WEST BENGAL AND ORS.

WPA/24918/2022 · 2026-02-10

Amrita Sinha

body2026

Judgment text

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10th Feb., 2026 Item no.D/L 15 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 24918 of 2022 In the matter of : Sudeb Das …. Petitioner VS. The State of West Bengal & Ors. ….Respondents For the Petitioner: Mr. Ujjal Ray Mr. Binay Kumar ….Advocates For the WBCSSC: Mr. Sunit Kr. Roy ….Advocate 1. The petitioner seeks transfer on self medical ground. His application for transfer was forwarded by the head of the institution to the District Inspector of Schools on 26th September, 2022 mentioning that the first and second preferred schools of the petitioner were more than 25 kilometers away but the distance of the third preferred school is less than 25 kilometers. 2. The transfer application of the petitioner stood returned to the head of the institution by the District Inspector of Schools on 28th September, 2022 with the observation that the distance between the present school and the chosen school is less than 25 kilometers. 3. The petitioner is aggrieved by the same. Submission is that out of the three preferred schools only one is less than 25 kilometers away but the rest two are not. 4. Prayer has been made to set aside the impugned remark of the District Inspector of Schools and to direct the District Inspector of Schools to reconsider the matter afresh. Page 2 5. It appears that nearly three years have elapsed from the date the application of the petitioner seeking transfer stood returned by the District Inspector of Schools. 6. In view of the above, the instant writ petition stands disposed of with the observation that it will be open for the petitioner to make fresh offline application seeking transfer in the prescribed format disclosing ground for the same. 7. In the event such an application is made, the same shall be considered by the head of the institution in accordance with the prevailing transfer rules. 8. Steps shall be taken in the matter at the earliest but positively within a period of eight weeks from the date of receipt of the application from the petitioner. 9. If the application of the petitioner is allowed, then necessary consequential steps shall be taken without any further delay. 10. The fate of the petitioner’s application shall be made known to the petitioner. 11. Suspension of the Utsashree portal will not stand in the way of the respondents to consider the application for transfer made by the petitioner. 12. The writ petition stands disposed of. 13. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)