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2026 DAILYLAW 2009 (CAL)

ALIVIA KESH v. STATE OF WEST BENGAL AND ORS.

WPA/29740/2025 · 2026-01-15

Bivas Pattanayak

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15.01.2026 Sl. No.25(DL) Ct. No.14 (gc) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 29740 of 2025 Alivia Kesh Versus The State of West Bengal & Ors. Mr. Santanu Maji, Ms. Debrani Mondal …for the Petitioner. Mr. Saibal Acharyya, Mr. Tanweer J. Mandal … for the Chairman, DPSC, Purba Bardhaman. Mr. Ratul Biswas, Mr. Kaushik Chowdhury …for the WBBPE. Mr. Manas Kumar Sadhu …for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant transfer to the petitioner to any school nearby to her residence from District of Purba Bardhaman to District of North 24-Parganas. 3. The petitioner contends that she is an Assistant Teacher of Mertala Desh Bandhu F.P. School, Village & Post Office – Mertala, P.S. – Purbasthali, District – Purba Bardhaman. The petitioner joined the said school on 9th October, 2020. The petitioner has to travel 274 K.M. to attend her school. There is surplus teacher in the school and in the event the prayer of the 2 petitioner is allowed, the pupil-teacher ratio will not be affected. The petitioner’s son is suffering from Autism- Spectrum-Disorder. The petitioner made a representation on 8th December, 2025 (annexure-P/5) before the Secretary, West Bengal Board of Primary Education for her transfer. However, the same is still pending consideration. Hence, this writ petition. 4. Mr. Santanu Maji, learned Advocate for the petitioner submits that the matter be relegated to the appropriate authority to consider and decide the representation of the petitioner. 5. Mr. Ratul Biswas, learned Advocate for the West Bengal Board of Primary Education also concedes to such submissions. 6. In view of such submissions advanced, the respondent No.4, the Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 8th December, 2025 seeking transfer and dispose of the same in accordance with law by passing a reasoned order, upon notice to the petitioner, within a period of six 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. Learned Advocate for the petitioner is directed to communicate this order to the respondent No.4, 3 Secretary, West Bengal Board of Primary Education, for necessary compliance. 9. With the above direction, the writ petition being WPA 29740 of 2025 stands disposed of. 10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 11. Interim order, if any, stands vacated. 12. All connected applications, if any, stand disposed of. 13. There shall be no order as to costs. 14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 15. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.)