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Calcutta High Court · body

2026 DAILYLAW 29492 (CAL)

BEGUM SUMAIYA v. STATE OF WEST BENGAL AND ORS.

WPA/460/2026 · 2026-07-16

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.07.2026 Item No. 44 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 460 of 2026 Begum Sumaiya vs. State of West Bengal & ors. Ms. Priyanka Yadav … for the petitioner Mr. Brijendra Pratap Singh Mr. Asit Kumar De … for the State Mr. Ratul Biswas Mr. Kaushik Chowdhury … for the WBBPE Mr. Biswabrata Basu Mallick Mr. Amman Arif Ansari … for the DPSC, Uttar Dinajpur Mr. Avishek Prasad … for the DPSC, Malda 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks for direction upon the respondent authorities to grant inter district transfer from the District of Uttar Dinajpur to the District of Malda on self-medical ground upon consideration of the representation of the petitioner dated 10th August, 2025. 3. The petitioner contends that she is an Assistant Teacher of Kona F.P. School, under Chakulia Circle, District Uttar Dinajpur. The petitioner joined the said school on 3rd August, 2021. The petitioner has been confirmed in the service with effect from 3rd August, 2023. On 10th August, 2025, the petitioner made a representation before the concerned authority seeking her transfer on self medical ground. However, the same is still pending consideration. Hence this writ petition. 4. Ms. Priyanka Yadav, learned advocate appearing for the petitioner submits that the matter be relegated to the appropriate authority for consideration of the representation of the petitioner seeking transfer on self-medical ground. 5. Mr. Avishek Prasad, learned advocate appearing for the respondent District Primary School Council, Malda submits that nothing specific has been indicated in the application made by the applicant of her medical condition. Furthermore, the application has been filed within five years of joining in service. He seeks for dismissal of the writ petition. 6. Similar submission is also advanced on behalf of the respondent Board as well as the State respondents. 7. It is found from the application of the petitioner dated 10th August, 2025 that no such specific medical ground has been shown and/or mentioned in the representation. Moreso, such application has also been made within five years from the date of joining the service which contravenes Rule 4(b) of 2 the West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002. 8. In view of the above, the writ petition being WPA 460 of 2026 stands dismissed. 9. However, it is left open to the petitioner to file fresh application seeking transfer after expiry of the statutory period of bar, either through on-line or off- line mode, if Utsashree portal is not made functional in the meantime. 10. Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted. 11. Consequently, connected applications, if any, also stand disposed of. 12. Interim orders, if any, stand vacated. 13. There will be no order as to costs. 14. Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Bivas Pattanayak, J.) 3