09.07.2026 Sl. No.304 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/14956/2026 CHITRAJIT HALDER VS STATE OF WEST BENGAL AND ORS. Mr. Rabindra Kumar Pathak …for the Petitioner. Mr. Avishek Prasad …for DPSC, Malda. 1. Affidavit of service filed by the petitioner is taken on record. 2. By the present writ petition the petitioner seeks direction upon the respondent authorities for intra district transfer to a school nearby his place of residence. 3. The petitioner contends that he joined as an Assistant Teacher in Pemai Primary School under Kariali Circle under DPSC, Malda on 19th February, 2021. The petitioner has been confirmed in service with effect from 19th February, 2023. The petitioner has completed five years of service. The petitioner is suffering from Lumber Lordosis’ disease. On 10th June, 2026 the petitioner made an application before the Council concerned seeking for his transfer on medical ground. However, the same is still pending consideration. Hence this writ petition. 4. Mr. Rabindra Kumar Pathak, learned advocate appearing for the petitioner submits that the matter be relegated to the appropriate authority for consideration of the representation of the petitioner for his transfer in accordance with law. 5. Mr. Avishek Prasad, learned advocate representing District Primary School Council, Malda submits that in the event the matter is relegated the Council will consider in accordance with law. 6. In view of the submissions advanced on behalf of the respective parties, respondent no.2, Malda, District Primary School Council, is directed to consider the representation of the petitioner dated 10th June, 2026 and dispose of the same by passing a reasoned order in accordance with law 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 one week from passing thereof. 8. Respondent no.2 is granted liberty to seek medical examination of the petitioner prior to consideration of representation of the petitioner. 9. Learned advocate for the petitioner is directed to communicate this order to respondent no.2, The Malda, District Primary School Council, for necessary compliance. 10. With the aforesaid directions, the writ petition being WPA 14956 of 2026 stands disposed of. 2 11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 12. Interim order, if any, stands vacated. 13. All connected applications, if any, stand disposed of. 14. There shall be no order as to costs. 15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 16. 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