Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 30319 (CAL)

AFSANA KHATUN v. THE STATE OF WEST BENGAL AND ORS.

WPA/30323/2024 · 2026-07-16

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.07.2026 Sl. No.11(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 30323 of 2024 Afsana Khatun Versus The State of West Bengal & Ors. Mr. Himadri Sikhar Chakraborty …for the Petitioner. Mr. Avishek Prasad, Ms, Shreyasi Manna …for the DPSC, Malda. Mr. Dibyendu Narayan Ray, GP Mr. Brijendra Pratap Singh, Mr. Nripendra Pratap Singh …for the State. Mr. Ratul Biswas, Mr. Kaushik Chowdhury …for the WBBPE. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. On the prayer of the learned Advocate for the petitioner leave is granted to implead the District Primary School Council, Malda, as an added respondent No.9 in the cause title of the writ petition. 3. By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant intra-district transfer to a school nearby her present place of residence upon consideration of her representation dated 4th November, 2024 on the medical ground of her daughter. 4. The petitioner contends that she joined as an Assistant Teacher in Ramnagar Basic Primary School under Manikchak-I Circle, District-Malda on 4th February, 2 2017. The petitioner’s service has been confirmed with effect from 4th February, 2019. The elder daughter of the petitioner suffered 35% burn injuries due to an accidental fall into a hot sweet pot on 1st December, 2022 and she had to undergo major plastic surgery. On 4th November, 2024 the petitioner made a representation before the authority concerned for her transfer on the medical ground of her elder daughter. However, the said representation is still pending consideration. Hence, this writ petition. 5. Mr. Himadri Sikhar Chakraborty, 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 elder daughter, in accordance with law. 6. 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. 7. To this, Mr. Chakraborty, 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. 8. Mr. Brijendra Pratap Singh, learned advocate representing the State concedes to the fact that due to 3 maintenance of the “Utsashree” portal, the same is not functional right now. 9. Mr. Avishek Prasad, learned Advocate for the District Primary School Council, Malda leaves the matter to the discretion of the Court. 10. In the above conspectus, added respondent No.9, District Primary School Council, Malda is directed to consider the representation of the petitioner dated 4th November, 2024 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, upon production of medical documents. 11. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 12. Learned advocate for the petitioner is directed to communicate this order to the added respondent No.9, the District Primary School Council, Malda. 13. With the above direction, the writ petition being WPA 30323 of 2024 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. 4 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.)