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2026 DAILYLAW 29797 (CAL)

NAZMA KHATUN v. STATE OF WEST BENGAL AND ORS.

WPA/2272/2026 · 2026-07-16

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.07.2026 Sl. No.72(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 2272 of 2026 Nazma Khatun Versus The State of West Bengal & Ors. Mr. Shuvro Prokash Lahiri, Mr. Rajesh Naskar, Mr. Ankan Mandal …for the Petitioner. Mr. Ratul Biswas, Mr. Kaushik Chowdhury, Ms. Suma Dey …for the WBBPE. Mr. Brijendra Pratap Singh, Mr. Asit Kumar De …for the State. Mr. Avishek Prasad, Ms. Shreyasi Manna …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 direction upon the respondent authorities to grant inter-district transfer to the petitioner from the district of Malda to the district of Nadia on medical ground of her three-year old child. 3. The petitioner contends that she joined as an Assistant Teacher in Kashimnagar Primary School under KIaliachak North Circle on 23rd July, 2021. The service of the petitioner was confirmed with effect from 23rd July, 2023. The petitioner’s three-year old child is suffering from serious cyanotic congenital heart disease. On 17th December, 2025, the petitioner made 2 a representation before the authority concerned seeking her transfer on medical ground of her child. However, the same is still pending consideration. Hence, this writ petition. 4. Mr. Shuvro Prokash Lahiri, 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 medical ground of her child, 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. Lahiri, 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, Malda leaves the matter to the discretion of the Court. 3 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 dated 17th 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, subject to 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.4, the Secretary, West Bengal Board of Primary Education. 12. With the above direction, the writ petition being WPA 2272 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.)