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2026 DAILYLAW 31493 (CAL)

NIBADITA HATUI GOSWAMI v. STATE OF WEST BENGAL AND ORS.

WPA/8928/2026 · 2026-07-30

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

30.07.2026 Sl. No.20 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 8928 of 2026 Nibadita Hatui Goswami Versus The State of West Bengal & Ors. Mr. Shuvro Prokash Lahiri Mr. Souparno Pyne Mr. Sudeepto Kumar Basu …for the Petitioner. Mr. Ratul Biswas, Mr. Kaushik Chowdhury, …for the WBBPE. Mr. Brijendra Pratap Singh Mr. Nripendra Pratap Singh …for the State. Mr. Ranjan Saha … for the DPSC, Paschim Medinipur Mr. Madhu Jana Mr. Probodh Chakraborty … for the DPSC, Howrah 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 her present place of posting in the District of Howrah to a school in the District of Paschim Medinipur on self medical ground. 3. The petitioner contends that she joined as an Assistant Teacher in Bardipa Prmmary School, under J.B.Pur Circle, District Howrah on 6th March, 2024. The petitioner has completed continuously two years of service. The petitioner is suffering from serious 2 gynaecological problem. On 13th March, 2026 the petitioner made a representation before the authority concerned for her transfer on self medical ground. However, the said representation 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 self medical ground, in accordance with law. He also submits that the petitioner has been confirmed in service after filing of the writ petition. He files copy of the confirmation letter issued by the Sub- Inspector of Schools, Howrah on 16th March, 2026, which is taken on record. It is appeared that the petitioner is confirmed in service with effect from 6th March, 2026. 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. 3 7. Mr. Brijendra Pratap Singh, learned advocate representing the State concedes to the fact due to maintenance of the Utsashree portal, the same is not functional right now. 8. Mr. Ranjan Saha, learned advocate for District Primary School Council, Paschim Medinipur as well as Mr. Madhu Jana, learned Advocate for the District Primary School Council, Howrah 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 dated 13th March, 2026 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 8928 of 2026 stands disposed of. 4 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.)