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2026 DAILYLAW 29684 (CAL)

SAFIUL ISLAM v. STATE OF WEST BENGAL AND ORS.

WPA/224/2026 · 2026-07-16

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.07.2026 Sl. No.37(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 224 of 2026 Safiul Islam Versus The State of West Bengal & Ors. Mr. Souparno Pyne, Mr. Sudeepto Kumar Basu …for the Petitioner. Mr. Ratul Biswas, Mr. Kaushik Chowdhury, …for the WBBPE. Mr. Brijendra Pratap Singh Mr. Asit Kumar De …for the State. Md. Sarwar Jahan, Sk. Nayeemu Hoqua …for the DPSC, Murshidabad. 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 the district of Howrah to the district of Murshidabad on spouse medical ground. 3. The petitioner contends that he joined as an Assistant Teacher in Makardah Bama Sundari Primary School under Bankra Circle, District-Howrah on 28th July, 2021. The service of the petitioner was confirmed with effect from 28th July, 2023. The petitioner’s wife is suffering from severe gynaecological disorder and hypothyroidism. On 11th November, 2025, the petitioner made a representation before the authority 2 concerned seeking his transfer on medical ground of his wife. However, the same is still pending consideration. Hence, this writ petition. 4. Mr. Souparno Pyne, 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 medical ground of his wife, 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. Pyne, 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. Learned Advocate appearing on behalf of the District Primary School Council leaves the matter to the discretion of the Court. 9. In the above conspectus, respondent No.5, the Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner 3 dated 11th November, 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, subject production of medical documents. 10. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 11. Learned advocate for the petitioner is directed to communicate this order to the respondent No.5, the Secretary, West Bengal Board of Primary Education. 12. With the above direction, the writ petition being WPA 224 of 2026 stands disposed of. 13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 14. Interim order, if any, stands vacated. 15. All connected applications, if any, stand disposed of. 16. There shall be no order as to costs. 17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 18. 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.)