Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 29611 (CAL)

ABINASH SARKAR v. STATE OF WEST BENGAL AND ORS.

WPA/1409/2026 · 2026-07-16

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.07.2026 Sl. No.57 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 1409 of 2026 Abinash Sarkar Versus The State of West Bengal & Ors. Mr. Santanu Maji Ms. Debrani Mondal …for the Petitioner. Mr. Ratul Biswas, Mr. Kaushik Chowdhury Ms. Suma Dey, …for the WBBPE. Mr. Brijendra Pratap Singh Mr. Nripendra Pratap Singh …for the State. Mr. Biswabrata Basu Mallick Mr. Amman Arif Ansari … for the DPSC, Uttar Dinajpur 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 his present place of posting in the District of Uttar Dinajpur to a school in the District of Kolkata on self medical ground. 3. The petitioner contends that he joined as an Assistant Teacher in Dakshin Shyampur F.P. School, Village Dakshin Shyampur, P.O. Baidara, Police Station Itahar, District Uttar Dinajpur on 18th January, 2014. The petitioner is confirmed in service with effect from 17th January, 2016. The petitioner is suffering from BETA-THALASSEMIA trait disease. On 29th December, 2025 the petitioner made a representation before the 2 authority concerned for his transfer on self-medical ground. However, the said representation is still pending consideration. Hence, this writ petition. 4. Mr. Santanu Maji, 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 his transfer on self medical ground, in accordance with law. 5. Mr. Kaushik Chowdhury, learned advocate appearing for the respondent Board submits that the State has already issued Memo being No. 277-SED- 13037/159/2024-ELEMN SEC dated 30th June, 2026 notifying that the Utsashree portal has become operative and as such the petitioner ought to file the application through the said portal. 6. To this, Mr. Maji, learned advocate appearing for the petitioner submits that the same cannot be accessed and the application has been regretted on the ground of maintenance being undertaken. 7. Mr. Brijendra Pratap Singh, learned advocate representing the State concedes to the fact that due to maintenance of the Utsashree portal, the same is not functional right now. 8. Mr. Biswabrata Basu Mallick, learned advocate for District Primary School Council, Uttar Dinajpur leaves the matter to the discretion of the Court. 9. In the above conspectus, respondent no.4, the Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner 3 dated 29th December, 2025 and dispose of the same, upon giving notice to the petitioner, by passing a reasoned order in accordance with law, within a period of eight weeks from the date of communication of this order. 10. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 11. The respondent No.4, the Secretary, West Bengal Board of Primary Education shall be at liberty to seek for medical examination of the petitioner before considering the representation of the petitioner. 12. Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the Secretary, West Bengal Board of Primary Education. 13. With the above direction, the writ petition being WPA 1409 of 2026 stands disposed of. 14. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 15. Interim order, if any, stands vacated. 16. All connected applications, if any, stand disposed of. 17. There shall be no order as to costs. 18. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 19. 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.)