17.07.2026 Court No.13 Item No.16 pk FMA 1104 of 2025 I.A. No. CAN 1 of 2025 Priyanka Sarkar Vs. State of West Bengal and others Mr. Shuvro Prokash Lahiri, Mr. Rajesh Naskar, Mr. Ankan Mondal … For the Appellant. Mr. Ratul Biswas, Mr. Kaushik Chowdhury. … For the WBBPE. Mr. Avishek Prasad, Ms. Shreyasi Manna … For the DPSC Malda. 1. This appeal is directed against an order dated 22.04.2025 passed by a Single Bench of this Court. In the said order the Single Bench found that the petitioner’s application for transfer was not solely based on medical grounds. The petitioner had also expressed difficulty for travelling a distance from her residence to the school. It is essentially in that context the Single Bench did not apply the decision dated 24.08.2023 passed in MAT 782 of 2023 Suvadip Ghorai Vs. State of West Bengal and others. 2. Learned counsel for the appellant submits that since there is no proper prescribed format for application for transfer by primary teachers, his client had casually mentioned the distance as a ground for transfer. He submits that his client is suffering from 2 ailment that are listed under the Transfer Rules and hence could have maintained the application for transfer on medical grounds even before expiry of five years. 3. Mr. Lahiri, learned advocate for the appellant further submits that his client will complete five years of service after two days from date. 4. In that view of the matter, this Court is inclined to dispose of FMA 1104 of 2025 permitting the appellant/petitioner to make an application for transfer online since Utsashree Portal is open. In the event, however, there are some disturbances in the functioning of the Portal, the appellant/petitioner may make such application for transfer, off-line within seven days and the same shall be dealt with by hierarchy of the respondents off line, in addition to, on line disposal, depending on functioning of the Portal. 5. It is now well settled that an application for transfer on listed medical grounds can be made even before expiry of five years of service of a teacher whether primary or secondary. The transfer Rules shall stand clarified accordingly. 6. With the aforesaid observations, the instant appeal is dispose of. Consequently, connected pending application is also disposed of. 3 7. There will be no order as to costs. 8. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Rai Chattopadhyay, J.)