23.07.2026 Sl. No.7(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 5353 of 2026 Prakash Mandal Versus The State of West Bengal & Ors. Mr. Sarwar Jahan, Mr. Atreya Chakraborty …for the Petitioner. Mr. Ratul Biswas, Mr. Kaushik Chowdhury …for the WBBPE. Mr. Gourav Das …for the DPSC, South 24-Parganas. Mr. B.P. Vaisya, Mr. Suman Dey …for the DPSC, Bankura. Mr. Brijendra Pratap Singh, Mr. Asit Kumar De …for the State. 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 file supplementary affidavit. 3. Supplementary affidavit filed on behalf of the petitioner is taken on record. Copy served. 4. 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 South 24-Parganas to the district of Bankura on spouse medical ground. 2 5. The petitioner contends that he joined as an Assistant Teacher in Ramchandrapur Free Primary School under Bishnupur II Circle, District-South 24-Parganas on 19th July, 2021. The petitioner is confirmed in service with effect from 19th July, 2023. The wife of the petitioner is suffering from hormonal disorder (hyper thyroid) and the aged parents of the petitioners are suffering from various ailments and the father of the petitioner has completely lost his eye sight due to glaucoma. Further, in supplementary affidavit, the wife of the petitioner is suffering from various gynaecological disorders. On 29th August, 2024, the petitioner made a representation before the authority concerned seeking his transfer on medical ground, however, the same is still pending consideration. Hence, this writ petition. 6. Mr. Sarwar Jahan, learned Advocate appearing on behalf of the petitioner submits that during the pendency of the writ petition, the wife of the petitioner upon medical examination has been detected with serious gynaecological disorder namely bulky both ovaries with polycystic morphology. He submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for his transfer on spouse medical ground, in accordance with law. 7. Mr. Kaushik Chowdhury, learned advocate appearing for the respondent Board submits that the State has already issued Memo being No. 277-SED- 3 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. 8. To this, Mr. Jahan, 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. 9. 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. 10. Learned Advocates appearing on behalf of the District Primary School Councils, South 24-Parganas and Bankura leave the matter to the discretion of the Court. 11. 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 29th August, 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, subject to production of medical documents. 12. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 4 13. Learned advocate for the petitioner is directed to communicate this order to the respondent No.4, the Secretary, West Bengal Board of Primary Education. 14. With the above direction, the writ petition being WPA 5353 of 2026 stands disposed of. 15. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 16. Interim order, if any, stands vacated. 17. All connected applications, if any, stand disposed of. 18. There shall be no order as to costs. 19. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 20. 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.)