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2026 DAILYLAW 30242 (CAL)

SOUMEN MANDAL v. STATE OF WEST BENGAL AND ORS.

WPA/336/2026 · 2026-07-16

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.07.2026 Sl. No.41(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 336 of 2026 Soumen Mandal Versus The State of West Bengal & Ors. Mr. Santanu Maji, Ms. Priyanka Yadav …for the Petitioner. Mr. Ratul Biswas, Mr. Kaushik Chowdhury, …for the WBBPE. Mr. Brijendra Pratap Singh Mr. Asit Kumar De …for the State. Mr. Supriyo Chattopadhyay, Ms. Iti Dutta …for the DPSC, Dakshin Dinajpur. Mr. B.P. Vaisya, Mr. Suman Dey …for the DPSC, Bankura. 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 Dakshin Dinajpur to the district of Bankura on medical ground of his minor daughter. 3. The petitioner contends that he joined as an Assistant Teacher in Maligaon Adibasi F.P. School Police Station Kushmani, District-Dakshin Dinajpur on 10th August, 2021. The service of the petitioner was confirmed with effect from 10th August, 2023. The petitioner’s minor daughter is suffering from heart 2 disease. On 28th November, 2025, the petitioner made a representation before the authority concerned seeking his transfer on medical ground of his minor daughter. However, the same 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 medical ground of his minor daughter, 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. Learned Advocates appearing on behalf of the District Primary School Councils leave 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 28th 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 of the petitioner’s minor daughter. 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 336 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.)