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2026 DAILYLAW 26792 (CAL)

MINARUL SAIKH v. STATE OF WEST BENGAL AND ORS.

WPA/3046/2026 · 2026-07-02

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02.07.2026 Sl. No.8 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/3046/2026 MINARUL SAIKH VS STATE OF WEST BENGAL AND ORS. Mr. Kingsuk Mondal Mr. Sumon Das …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Rahul Agarwala …for the State. Mr. Ratul Biswas, Mr. Kaushik Chowdhury, …for the WBBPE. Mr. Madhu Jana …for DPSC, Howrah. Md. Sarwar Jahan Sk. Nayeemul Haque …for DPSC,Murshidabad. 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 inter-district transfer to the petitioner from the district of Howrah to the district of Murshidabad on spouse medical ground. 3. The petitioner contends that he joined as an Assistant Teacher in Dakshin Santoshpur Board Primary School, J.B. Pur Circle, District-Howrah on 28th July, 2021. The petitioner’s service was confirmed with effect from 28th July, 2023. On 14th January, 2026 the petitioner made a representation before the Board seeking transfer on spouse medical ground. However, the same is still pending consideration. Hence, this writ petition. 4. Mr. Kingsuk Mondal, learned advocate for the petitioner submits that the matter may be relegated to the appropriate authority for due consideration. 5. Mr. Kaushik Chowdhury, learned advocate representing West Bengal Board of Primary Education submits that although previously the “Utsashree” portal was suspended, however, by notification No.277-SED-13037/159/2024-ELEMN dated 30th June, 2026 the suspension of operation of online processing of application has been withdrawn. Therefore, the petitioner has to file application through online portal i.e. “Utsashree” in order to seek transfer as per the provisions of the West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002. He files a copy of the aforesaid notification which is taken on record. 6. Accordingly, the writ petition being WPA 3046 of 2026 is disposed of granting liberty to the petitioner to file application seeking transfer through “Utsashree” portal. 7. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 8. Interim order, if any, stands vacated. 9. All connected applications, if any, stand disposed of. 10. There shall be no order as to costs. 2 11. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 12. 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.) 3