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Calcutta High Court · body

2026 DAILYLAW 19633 (CAL)

TAPASH GHOSH v. STATE OF WEST BENGAL AND ORS.

WPA/5418/2026 · 2026-05-07

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.05.2026 Item No. 273 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 5418 of 2026 Tapash Ghosh vs. State of West Bengal & ors. Mr. Himadri Sikhar Chakraborty … for the petitioner Mr. Avishek Prasad … for the DPSC, Malda 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks for direction upon the respondent authorities to grant intra district transfer on distance ground to a school nearby his residence upon consideration of the representation of the petitioner dated 13th February, 2026. 3. The petitioner contends that he was appointed as an Assistant Teacher of Sahapur Primary School, District Malda. The petitioner joined the said school on 24th April, 2017. The petitioner has been confirmed in the service with effect from 24th April, 2019. The petitioner’s house is 108 kms. away from the present place of posting. On 13th February, 2026, the petitioner made a representation before respondent no. 4, the Chairman, District Primary School Council, Malda seeking his transfer on distance ground. However, the same is still pending consideration. Hence this writ petition. 4. Mr. Himadri Sikhar Chakraborty, learned advocate appearing for the petitioner submits that the matter be relegated to the appropriate authority for due consideration of the representation of the petitioner seeking transfer. 5. Mr. Avishek Prasad, learned advocate appearing for the DPSC, Malda leaves the matter to the discretion of the Court. 6. In view of the submissions advanced by the respective parties, respondent no. 4, the Chairman, District Primary School Council, Malda is directed to consider the representation of the petitioner dated 13th February, 2026 and dispose of the same by passing a reasoned order in accordance with law, upon notice to the petitioner, within a period of eight weeks from the date of communication of this order. 7. The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order. 8. The petitioner is directed to communicate this order to respondent no. 4, the Chairman, District Primary School Council, Malda for necessary compliance. 2 9. With the above directions, the writ petition being no. WPA 5418 of 2026 stands disposed of. 10. Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted. 11. Consequently, connected applications, if any, also stand disposed of. 12. Interim orders, if any, stand vacated. 13. There will be no order as to costs. 14. 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.) 3