08.07.2026 Sl. No.18 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/22296/2025 NAJIMA KHATUN VS STATE OF WEST BENGAL AND ORS. Mr. Mukteswar Maity Ms. Manika Sarkar …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Asit Kumar De …for the State. Mr. Pratik Dhar, ld. Sr. Adv.. Ms. Madhurima Sarkar …for West Bengal Madrasah Service Commission. Mr. Nadeem Sulaiman Mr. Mijanul Kabir …for Madrasah Board. 1. By the present writ petition the petitioner seeks direction upon the respondent authorities to consider and dispose of the representation of the petitioner dated 12th August, 2025, Annexure P-8 for transfer to a school nearby her residence, as a special case. 2. The petitioner contends that she participated in 1st SLST (NT) Group-D and was successful. Though the date of counselling (i.e. 18th July, 2025) for Group-D was published by the West Bengal Madrasah Service Commission, however, the petitioner did not receive any notice on or before the date of counselling and thus the petitioner did not have any knowledge of the said counselling date. For such reason, the petitioner could not attend counselling on 18th July, 2025. On being contacted over telephone the petitioner attended counselling on 23rd July, 2025. On the said date, a memo of appointment was issued to the petitioner to join the present school, namely, Gumgarh High Madrasah (HS) in the Group-D post. The petitioner accordingly joined on 31st July, 2025. In such circumstances, petitioner could not select the school of her choice. The place where the petitioner is presently posted is far off and the petitioner is facing great inconvenience in attending the school. On 12th August, 2025 the petitioner through her authorised representative approached the respondent no.2 seeking transfer to a nearby school as a special case. Since no steps have been taken by the authority concerned, the petitioner has preferred the present writ petition. 3. Mr. Mukteswar Maity, learned advocate appearing for the petitioner submits that since the petitioner did not have the knowledge of the counselling, she could not avail the better choice to join a nearby school. The place where the petitioner is presently posted is far off and as such the petitioner approached the authority seeking for redressal of her grievance which has not been resolved as yet. He seeks for appropriate direction so that the petitioner may be transferred to a school nearby her place of residence. 4. On the contrary, Mr. Pratik Dhar, learned senior advocate appearing for the West Bengal Madrasah 2 Service Commission submits that the notice of counselling was published in the official website for the knowledge of all concerned. However, since the petitioner could not attend the counselling on 18th July, 2025, as a matter of good gesture the Commission contacted the petitioner on 23rd July, 2025 and upon counselling appointment letter was issued to her. Options were given to the petitioner to make choice of school. The petitioner chose the present school as per letter dated 23rd July, 2025 of the petitioner. Such fact has been suppressed by the petitioner in the writ petition. Relying on the decision of the Hon’ble Supreme Court in K.D. Sharma v. Steel Authority of India Limited and Others reported in (2008) 12 SCC 481 he submits that the writ petitioner should come before the court in clean hands and put forward all the appropriate facts. If there is no candid disclosure of relevant and material facts or the petitioner is guilty of misleading the Court, his petition is liable to be dismissed at the threshold without considering the merits of the case. He further submits that as per the provisions of Rule 29(2) of West Bengal Madrasah Service Commission Recruitment (Selection and Recommendation of persons for Appointment and Transfer to the Posts of Teacher and non-teaching Staff) Rules, 2023 (hereinafter referred to as the ‘Rules of 2023’) the incumbent shall be eligible for General Transfer on completion of two years of service in a particular Madrasah. As the petitioner has 3 joined on 31st July, 2025, her right to seek transfer does not arise in the present context. He seeks for dismissal of the writ petition. 5. In the present case, the petitioner has raised the grievance that since she did not have the knowledge of the date of counselling, she could not avail the opportunity of a better posting option in counselling and was compelled to join the present school, namely, Gumgarh High Madrasah (HS). Admittedly, on expiry of the date of counselling (i.e. 18th July, 2025), the petitioner was contacted by the Commission to attend the counselling on 23rd July, 2025. Annexure R-3 at page 7 of the report clearly indicates that the petitioner opted for the present school, namely, Gumgarh High Madrasah (HS). Such fact has not been disclosed in the writ petition. This Court finds substance in submission of Mr. Dhar, learned Senior Advocate appearing for the Madrasah Service Commission relying on K.D. Sharma (supra), that in the event of suppression of material facts, the writ petition is liable to be dismissed at the threshold. 6. Moreover, as per Rule 29(2) of the Rules of 2023 an incumbent is liable for General Transfer only if he or she completes two years of service in that particular Madrasah, in particular post, from which he or she seeks for General Transfer. Needless to mention that the petitioner has not completed two years of service as yet. 4 In view of the above, the writ petition falls short of merit. 7. Accordingly, the writ petition being WPA 22296 of 2025 stands dismissed. 8. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 9. Interim order, if any, stands vacated. 10. All connected applications, if any, stand disposed of. 11. There shall be no order as to costs. 12. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 13. 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.) 5