MANIKA SAHA @ MANIKA SAHA DUTTA v. THE STATE OF WEST BENGAL AND ORS.
WPA/392/2026 · 2026-03-17
Gaurang Kanth
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18059 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18059 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri 17.03.2026 37 as WPA 392 of 2026
Manika Saha @ Manika Saha Dutta Vs. The State of West Bengal & Ors.
Mr. Sudip Ghosh Chowdhury, Mr. Soumyajit Laskar. …for the Petitioner.
Mr. Sunit Kr. Roy. …for the SSC.
Mr. Nabankur Paul, Mr. Kumar Shantanu. …for the State.
1. Affidavit of service filed in Court today is taken on record.
2. The petitioner has preferred the present writ petition seeking a direction upon the respondent authorities to issue a Transfer Recommendation in favour of the petitioner on her transfer application dated 23.09.2021 and to accommodate her in any of the schools selected by the petitioner or in any other suitable school in close proximity to her place of residence in accordance with law.
3. It is the case of the petitioner that he was appointed as an Assistant Teacher in History on 28.06.2011 in the general category. He further
2 states that he joined Batal Chandra Junior High School on 20.07.2011 as an Assistant Teacher in History. He states that after the implementation of the Utashree Portal, he applied for transfer on 03.08.2021, 12.08.2021, 13.08.2021, 02.09.2021 and
13.09.2021. But his applications were rejected on the ground that he was the single teacher in the said subject in the school. The petitioner again made a representation for transfer on 23.09.2021.
4.
Learned Counsel for the petitioner submits that this Court in WPA 13586 of 2021 vide order dated 06.06.2022 while disposing of the writ petition had directed the concerned District Inspector of Schools to decide the petitioner’s transfer application for transfer in terms of the circular dated 22.09.2021 as noted on 03.01.2022 afresh.
5.
Learned Counsel for the petitioner states that the said application has been pending adjudication before the District Inspector of School since 05.07.2022 and no decision has yet been taken on the said application. He further relies upon a judgment of this Court passed in FMA 995 of 2025 dated 31.07.2025, wherein directions were issued to the District Inspector of
3 Schools to deal with transfer applications. He states that the District Inspector of Schools has failed to comply with the directions passed by the Division Bench of this Court.
6.
Learned Counsel for the respondent No.5 states that the authority is ready and willing to decide the petitioner’s case in accordance with law.
7.
Learned Counsel for the petitioner states that his client shall be satisfied that if the said representation is decided within a time bound manner.
8. Considering the rival
submissions advanced by the learned Counsel for the parties, this Court directs the respondent No.5 to decide the petitioner’s transfer application dated 23.09.2021 within a period of eight weeks from the date of communication of this order in accordance with law, relevant rules and the directions issued by this Court in FMA 995 of 2025 dated 31.07.2025 by way of a reasoned and speaking order.
9. This Court has not entered into the merits of the claims of the petitioner for transfer and the said issue is left open to be decided by the competent authority in accordance with the
4 relevant law and rules, as well as the observations made by the Division Bench in FMA 995 of 2025.
10. With the aforesaid directions, the present writ petition stands disposed of.
11. Since no affidavits have been called for, all allegations made in the writ petition shall be deemed to have been denied.
(Gaurang Kanth, J.)