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Calcutta High Court · body

2026 DAILYLAW 19355 (CAL)

MOUMITA BHUNIA v. STATE OF WEST BENGAL AND ORS.

WPA/28759/2024 · 2026-05-21

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.05.2026 Item No. 13 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 28759 of 2024 Moumita Bhunia vs. State of West Bengal & ors. Mr. Krishnendu Bera … for the petitioner Mr. Ranjan Saha … for DPSC, Paschim Medinipur Mr. Ratul Biswas Mr. Kaushik Chowdhury … for the WBBPE Mr. Biswabrata Basu Mallick … for DPSC, Uttar Dinajpur 1. By the present writ petition, the petitioner seeks for direction upon the respondent authorities for inter- district transfer from the District of Uttar Dinajpur to the District of Paschim Medinipur on medical ground. 2. The petitioner contends that she joined as an Assistant Teacher in Chakulia F.P. School on 9th August, 2021. The petitioner has been confirmed in service with effect from 9th August, 2023. After her marriage the petitioner is residing with her husband in her matrimonial home in the District of Paschim Medinipur. The petitioner’s house is situated 605 kms. away from her present place of posting. The petitioner is suffering from various gynecological problems like PCOS, PCOD, Endometriosis etc. On 9th December, 2023, the petitioner made a representation before the authority concerned seeking her transfer on medical ground. The application of the petitioner was forwarded to the West Bengal Board of Primary Education by respondent no. 3, the Secretary, District Primary School Council, Uttar Dinajpur on 23rd September, 2024. However, the same is still pending consideration. Hence this writ petition. 3. Pursuant to order dated 3rd March, 2025 of Coordinate Bench of this Court, the Chief Medical Officer of the Health of the concerned District caused medical examination of the petitioner. 4. Mr. Krishnendu Bera, learned advocate appearing for the petitioner submits that the petitioner is suffering from various gynological problems. He seeks that the matter be relegated to the appropriate authority for taking a decision in respect of the representation of the petitioner dated 9th December, 2023, on the basis of the medical report. 5. Mr. Biswabrata Basu Mallick, learned advocate appearing for the respondent District Primary School Council, Uttar Dinajpur submits that the medical examination of the petitioner has been done 2 in terms of the order of this Court and the same has been duly forwarded to the Board. He files a copy of the letter and report dated 5th January, 2026, of the Chief Medical Officer of Health, Uttar Dinajpur dated 2nd January, 2026 which is taken on record. Mr. Bera, learned advocate appearing for the petitioner submits that since the name of the petitioner has been duly forwarded to the Board, the Board be directed to furnish ……… on the basis of the Medical Board. 6. Mr. Kaushik Chowdhury, learned advocate appearing for the respondent Board submits that the matter be relegated to the Board for due consideration in accordance with law. 7. In view of the above, respondent no. 2, the Secretary, West Bengal Board of Primary Education is directed to take a decision with regard to the representation of the petitioner taking into consideration the forwarding letter of the Council under Memo no.1536 dated 23rd February, 2024 regarding the application for inter-district transfer of the petitioner as well as the medical examination report dated 2nd January, 2026 furnished by the Chief Medical Officer of Health, Uttar Dinajpur in accordance with law upon notice to the petitioner within a period of six weeks from the date of communication of this order. 3 8. The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order. 9. The petitioner is directed to communicate this order to respondent no. 2, the Secretary, West Bengal Board of Primary Education for necessary compliance. 10. With the above directions, the writ petition being WPA 28759 of 2024 stands disposed of. 11. Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted. 12. Consequently, connected applications, if any, also stand disposed of. 13. Interim orders, if any, stand vacated. 14. There will be no order as to costs. 15. Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Bivas Pattanayak, J.) 4