23.07.2026 Sl. No.59 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/3098/2026 SANKAR SAHA VS STATE OF WEST BENGAL AND ORS. . Mr. Sudip Ghosh Chowdhury (VC) Ms. Pritha Biswas Ms. Upasana Sarkar …for the Petitioner. Ms. Mary Datta Ms. Aparajita Mitra …for the State. Mr. Ratul Biswas Mr. Kaushik Chowdhury …for the WBBPE. Mr. Avishek Prasad Ms. Shreyasi Manna …for DPSC, Malda. 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 the district of Malda to the district of Kolkata on medical ground of his minor child. 3. The petitioner contends that he joined as an Assistant Teacher in Daibhatta C.S Primary School of Jagannathpur, District-Malda, PIN-732123 on 4th February, 2017. The petitioner’s service was confirmed with effect from 4th February, 2017. The petitioner’s minor child is suffering from serious Hydronephrosis. On 28th July, 2025 the petitioner made a representation before the concerned authority seeking transfer on medical ground of his child. However, the same is pending consideration. Hence, this writ petition. 4. Mr. Sudip Ghosh Chowdhury, learned advocate for the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner seeking transfer on medical ground of his minor child. 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. Ghosh Chowdhury, learned advocate appearing for the petitioner submits that the portal cannot be accessed and the application has been regretted on the ground of maintenance being undertaken. 7. Ms. Mary Datta, learned advocate representing the State concedes to the fact that due to maintenance of the Utsashree portal, the portal is not functional right now. 8. Learned advocate for the Council leaves the matter to the discretion of this Court. 9. In view of the submissions advanced on behalf of the respective parties, respondent no.2, Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 2 28th July, 2025 and dispose of the same by passing a reasoned order in accordance with law upon notice to the petitioner within a period of eight weeks from the date of communication of this order, subject to production of relevant medical documents. 10. The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order. 11. Learned advocate for the petitioner is directed to communicate this order to respondent no.2, Secretary, West Bengal Board of Primary Education, for necessary compliance. 12. Accordingly, the writ petition being WPA 3098 of 2026 is disposed of. 13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 14. Interim order, if any, stands vacated. 15. All connected applications, if any, stand disposed of. 16. There shall be no order as to costs. 17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 18. 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.) 3