13.08.2026 Sl. No.26 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 8611 of 2026 Md. Mainul Hasan Versus The State of West Bengal & Ors. Mr. Kingsuk Mondal Mr. Suman Das …for the Petitioner. Mr. Ratul Biswas, Mr. Kaushik Chowdhury, …for the WBBPE. Ms. Mary Datta Ms. Aparajita Mitra …for the State. Md. Sarwar Jahan Sk. Nayeemul Haque …for the DPSC, Murshidabad. Mr. Biswabrata Basu Mallick … for the DPSC, Uttar Dinajpur. 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 his present place of posting in the District of Uttar Dinajpur to a school in the District of Murshidabad on self-medical ground, spouse medical ground as well as distance ground. 3. The petitioner contends that he joined as an Assistant Teacher in Puar F.P. School under Chakulia Circle, District Uttar Dinajpur on 9th August, 2021. The petitioner is confirmed in service with effect from 9th August, 2023. The petitioner is suffering from chronic lower back pain and wife of the petitioner is suffering from gynaecological problems. The petitioner’s house is situated about 250 Kilometers from his present place of posting. On 6th March, 2026 the petitioner made a representation before the authority concerned for his transfer on self-medical ground, spouse medical ground as well as distance ground. However, the said representation is still pending consideration. Hence, this writ petition. 4. Mr. Kingsuk Mondal, learned advocate appearing on behalf of the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for his transfer on self-medical ground, spouse medical ground as well as distance ground, in accordance with law. 5. Learned advocates for the Board, State and District Primary School Council submit that the Utsashree portal is presently functional and the petitioner should file such application seeking transfer through Utsashree portal under the existing rules. 6. To this, Mr. Mondal, learned advocate appearing for the petitioner submits that the Utsashree portal is not functional as yet. 7. In view of the above, liberty is granted to the petitioner to file application through Utsashree portal seeking transfer. In the event, the petitioner is unable to submit such application through Utsashree portal, the 2 respondent no.3, the Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 6th March, 2026 and dispose of the same, upon giving notice to the petitioner, by passing a reasoned order in accordance with law, within a period of eight weeks from the date of communication of this order, subject to production of medical document of the petitioner’s wife. 8. The respondent No.3, the Secretary, West Bengal Board of Primary Education shall be at liberty to seek for medical examination of the petitioner before considering the representation of the petitioner. 9. It is made clear that the ground of distance is not to be considered in view of the fact that the petitioner has not completed five years of continuous service at the time of making application. 10. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 11. Learned advocate for the petitioner is directed to communicate this order to the respondent no.3, the Secretary, West Bengal Board of Primary Education. 12. With the above direction, the writ petition being WPA 8611 of 2026 stands 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. 3 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.) 4