16.07.2026 Sl. No.34 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 29909 of 2025 Aparna Mahto Versus The State of West Bengal & Ors. Mr. Rudranil De Mr. Soumo Charan …for the Petitioner. Mr. Ratul Biswas, Mr. Kaushik Chowdhury, …for the WBBPE. Mr. Brijendra Pratap Singh Mr. Asit Kumar De …for the State. 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 her present place of posting in the District of Paschim Bardhaman to a school in the District of Purulia on distance ground. 3. The petitioner contends that she joined as an Assistant Teacher in Sargiyo Jagadish Chandra Bhowmick Free Primary School under Durgapur Circle, District Paschim Bardhaman on 22nd February, 2021. The petitioner is confirmed in service with effect from 22nd February, 2023. The petitioner’s house is situated about 150 kilometers away from the present place of posting. On 29th November, 2025 the petitioner made a representation before the authority concerned for her 2 transfer on distance ground. However, the said representation is still pending consideration. Hence, this writ petition. 4. Mr. Rudranil De, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for her transfer on distance ground, in accordance with law. 5. Mr. Ratul Biswas, learned advocate appearing for the respondent Board submits that the application seeking transfer has been filed prior to completion of 5 years of service as required under Rule 4(b) of the West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002 (hereinafter referred to as the “Rules of 2002”) as amended vide notification dated 13th September, 2021. 6. In order to examine the aforesaid issue, it would be profitable to reproduce the provisions of Rule 4(b) of the Rules of 2002 as hereunder: “4(b) on an application from a teacher, transfer approved teacher within its jurisdiction from one Primary School to another Primary School on the condition that such approved teacher, in case of mutual transfer, is confirmed and in case of single transfer, is confirmed and has completed minimum five years of continuous service.” 7. It is not in dispute that the petitioner has filed application for transfer prior to completion of five years. Bearing in mind the aforesaid provisions, the application of the petitioner seeking transfer cannot be considered. 8. Accordingly, the writ petition being WPA 29909 of 2025 stands dismissed. 3 9. However, it is left open to the petitioner to file application seeking for transfer upon completion of 5 years of service through online Utsashree portal or offline in the event Utsashree portal is not functional on the date of application. Upon such application being made, the authority concerned shall consider the application, in accordance with law. 10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 11. Interim order, if any, stands vacated. 12. All connected applications, if any, stand disposed of. 13. There shall be no order as to costs. 14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 15. 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.)