MD. SHAHIDUZZAMAN v. STATE OF WEST BENGAL AND ORS.
WPA/2901/2026 · 2026-07-23
Bivas Pattanayak
body2026
DailyLaw.ai
[ 2026 DAILYLAW 31872 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 31872 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
23.07.2026 Sl. No.54 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/2901/2026 MD. SHAHIDUZZAMAN 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. Madhu Jana Mr. Rahul Agarwala …for DPSC, Howrah. Md. Sarwar Jahan Sk. Nayeemul Hoque …for 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 direction upon the respondent authorities to grant inter-district transfer to the petitioner from the district of Howrah to the district of Murshidabad on spouse medical ground. 3. The petitioner contends that he joined as an Assistant Teacher in Aymachak Jagannathpur Primary School, Jagatballavpur Circle, District-Howrah on 28th July,
2021. The petitioner’s service was confirmed with effect from 28th July, 2023. The petitioner’s wife is suffering from serious gynaecological disorders. On 5th January, 2026 the petitioner made a
representation before the concerned authority seeking transfer on spouse 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 spouse 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, 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 Councils leave 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 2
consider the representation of the petitioner dated 5th January, 2026 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.4, Secretary, West Bengal Board of Primary Education, for necessary compliance. 12. Accordingly, the writ petition being WPA 2901 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