23.07.2026 Item No. 35 Ct. No.14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/24698/2025 SANDIP BISWAS VS STATE OF WEST BENGAL AND ORS. Mr. Firdous Samim (through V.C.) Ms. Gopa Biswas Mr. Asik Mandal Ms. Ankita Ghosh …for the Petitioner. Mr. Subir Sanyal Mr. Ratul Biswas Mr. Kaushik Chowdhury …for the WBBPE. Md. Sarwar Jahan Sk. Nayeemul Haque …for DPSC, Murshidabad. Mr. Brijendra Pratap Singh Mr. Nripendra Pratap Singh … for the State. 1. Sk. Nayeemul Haque, learned advocate appearing for the respondent District Primary School Council, Murshidabad submits that after filing of the writ petition, the petitioner has already joined Chanditala Primary School under Barwan North Circle on 6th November, 2025 in compliance to order of transfer issued by Chairman of the Council. Hence, her prayer in the writ petition does not subsist and has become infructuous.. He files a copy of the joining letter dated 6th November, 2025 which is taken on record. 2. Mr. Subir Sanyal, learned Senior Advocate appearing for the Board submits that the contention of the petitioner, that the Council does not exist, is misconceived one. 3. Mr. Firdous Samim, learned advocate for the petitioner appearing through virtual mode submits that even if the petitioner joins in the school in compliance to the order passed by the Chairman, that does not make the prayer infructuous. 4. In the present writ petition, the petitioner has sought for quashing of the transfer order dated 12th September, 2025 and the subsequent memo dated 18th September, 2025 and further to continue in the school where the petitioner is posted. Be that as it may, since the petitioner in compliance to order of the Council has already joined another school on 22nd July, 2026, subsequent to the filing of the writ petition, the aforesaid prayers made in the writ petition have become infructuous. Further, the petitioner cannot approbate and reprobate at the same breadth. 5. In view of the above, the writ petition being WPA 24698 of 2025 is dismissed being infructuous. 6. Consequently, connected applications, if any, also stand disposed of. 7. Interim orders, if any, stand vacated. 8. There will be no order as to costs. 9. 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. 2 (Bivas Pattanayak, J.) 3