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2026 DAILYLAW 24730 (CAL)

TAMASA MAJUMDER v. THE STATE OF WEST BENGAL AND ORS

WPA/8299/2024 · 2026-06-24

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24/06 2026 AD/48/24 266312 NANDY (DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/8299/2024 TAMASA MAJUMDER VS THE STATE OF WEST BENGAL & ORS. Mr. Sudip Ghosh Chowdhury, Advocate Ms. Pritha Biswas, Advocate Ms. Upasana Sarkar, Advocate ……for the Petitioner Ms. Koyeli Bhattacharya, Advocate Mr. Bibek Dutta, Advocate Mr. Manas Bhattacharyya, Advocate ……for the WBBSE Mr. Samrat Mukherjee, Advocate Ms. Mary Datta, Advocate Ms. Pramit Banerjee, Advocate ……for the State 1. Affidavit-of-service, as filed in Court today, be kept with the record. 2. In spite of service, none appears on behalf of the school authority. 3. The petitioner's grievance is that she cannot apply in the offline mode and even if she did, the same would not be considered. There is no dispute on the issue that once a right has been given under the statute, the same cannot be kept suspended on a mere technical irregularity such as suspension of portal. The petitioner is not debarred from making an application in the offline mode, particularly in view of the judgment of this Hon'ble Court in MAT 1706 of 2024 (Mithun Roy vs. State of West Bengal & Ors.). Mere suspension of the facilities or inability to access the online portal by an incumbent cannot ipso facto curtail his/her right, which has been guaranteed by the statute. 4. The petitioner is granted liberty to make such an application in the prescribed format in the Offline mode, on special ground, since she is a divorcee, by July 15, 2026. P a g e | 2 5. Since the 'UTSASHREE portal is presently suspended, the said application shall be considered by the school authority in the offline mode and if found eligible, will forward such application along with the requisite declaration and 'No Objection' certificate to the concerned District Inspector of Schools (SE) by July 30, 2026. 6. With the afore-stated directions, the writ-petition is disposed of. There shall be no order as to costs. 7. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)