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2026 DAILYLAW 31801 (CAL)

NADIRA KHATUN v. STATE OF WEST BENGAL AND ORS.

WPA/2902/2026 · 2026-07-23

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23.07.2026 Sl. No.55 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/2902/2026 NADIRA KHATUN VS STATE OF WEST BENGAL AND ORS. Ms. Priyanka Yadav …for the Petitioner. Ms. Mary Datta Ms. Aparajita Mitra …for the State. Mr. Ratul Biswas Mr. Kaushik Chowdhury …for the WBBPE. Mr. Avishek Prasad …for DPSC, Malda. Mr. Gourav Das …for DPSC South 24-Parganas. 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 South 24-Parganas to the district of Malda on self medical ground. 3. The petitioner contends that she joined as an Assistant Teacher in Hrishibar Adibasi F.P. School, Gosaba Circle, District- South 24-Parganas on 20th July, 2021. The petitioner’s service was confirmed with effect from 20th July, 2023. The petitioner is suffering from serious gynaecological disorders. On 12th January, 2026 the petitioner made a representation before the concerned authority seeking transfer on self medical ground. However, the same is pending consideration. Hence, this writ petition. 4. Ms. Priyanka Yadav, 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 self- medical ground. 5. Mr. Ratul Biswas, 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, Ms. Yadav, 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 respective 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.4, Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 12th January, 2026 and dispose of the same by passing a 2 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. 10. The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order. 11. Respondent no.4 is granted liberty to seek medical examination of the petitioner prior to consideration of representation of the petitioner. 12. Learned advocate for the petitioner is directed to communicate this order to respondent no.4, Secretary, West Bengal Board of Primary Education, for necessary compliance. 13. Accordingly, the writ petition being WPA 2902 of 2026 is disposed of. 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.) 3