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2026 DAILYLAW 31622 (CAL)

DIPTI BISWAS v. STATE OF WEST BENGAL AND ORS.

WPA/3730/2026 · 2026-07-23

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23.07.2026 Item No. 69 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 3730 of 2026 Dipti Biswas vs. State of West Bengal & ors. Mr. Somesh Kr. Ghosh Mr. Suman Mukherjee … for the petitioner Mr. Ratul Biswas Mr. Kaushik Chowdhury … for the WBBPE Mr. Lokenath Chatterjee Ms. Sneha Chatterjee … for the State Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee … for the DPSC, Nadia Md. Sarwar Jahan Sk. Nayeemul Haque … for the DPSC, Murshidabad 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks for direction upon the respondent authorities to grant inter district transfer from the district of Murshidabad to the district of Nadia on child medical ground upon consideration of the representation of the petitioner dated 29th November, 2024. 3. The petitioner contends that she is an Assistant Teacher of 05 Tulsipur Primary School under Domkal Circle, District Murshidabad. The petitioner joined the said school on 30th November, 2021. The petitioner has been confirmed in the service with effect from 30th November, 2023. The petitioner’s minor son who is 7 years old has been suffering from a heart disease namely Right Bundle Branch Block (RBBB). On 29th November, 2024, the petitioner made a representation before respondent no.4, the Secretary, West Bengal Board of Primary Education seeking his transfer on child medical ground. However, the same is still pending consideration. Hence this writ petition. 4. Mr. Somesh Kr. Ghosh, learned advocate appearing for the petitioner submits that the matter be relegated to the appropriate authority for consideration of the representation of the petitioner seeking transfer on child medical ground. 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. Somesh Kr. Ghosh, learned advocate appearing for the petitioner submits that the portal cannot be accessed and the application has been 2 regretted on the ground of maintenance being undertaken. 7. Mr. Lokenath Chatterjee, learned advocate representing the State concede to the fact that due to maintenance of the Utsashree portal, the portal is not functional right now. 8. Learned advocates for the respective Councils leave the matter to the discretion of this Court. 9. In view of the submissions advanced by the respective parties, respondent no. 4, the Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 29th November, 2024 and dispose of the same by passing a reasoned order in accordance with law, subject to production of medical documents upon giving notice to the petitioner, within a period of eight weeks from the date of communication of this order. 10. The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order. 11. The petitioner is directed to communicate this order to respondent no. 4, the Secretary, West Bengal Board of Primary Education for necessary compliance. 12. With the above directions, the writ petition being no. WPA 3730 of 2026 stands disposed of. 3 13. Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted. 14. Consequently, connected applications, if any, also stand disposed of. 15. Interim orders, if any, stand vacated. 16. There will be no order as to costs. 17. Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Bivas Pattanayak, J.) 4