13.08.2026 Sl. No.9(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 2398 of 2026 Lakhu Shaikh Versus The State of West Bengal & Ors. Mr. Prosenjit Mukherjee, Mr. N.K. Das …for the Petitioner. Mr. Ratul Biswas, Mr. Kaushik Chowdhury, …for the WBBPE. Mr. Subit Majumdar, Mr. Saumen Gayen …for the State. Ms. Sumita Sen, Mr. Kaushik Chowdhury …for the DPSC, Birbhum. Md. Sarwar Jahan, Sk. Nayeemul Haque …for the DPSC, Murshidabad. 1. On the prayer of the learned Advocate for the petitioner, leave is granted to file supplementary affidavit. 2. Supplementary affidavit filed on behalf of the petitioner is taken on record. Copy served. 3. 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 Murshidabad to a school in the District of Birbhum on self-medical ground as well as distance ground. 4. The petitioner contends that he is a Head Teacher of 71 Sonatala Primary School at Kanaighat under Suti-I circle, District-Murshidabad. The petitioner is suffering 2 from serious Orthopedic problems. The petitioner’s house is situated 34.2 kms. away from his present place of posting. On 19th January, 2026 the petitioner made a representation before the authority concerned for his transfer on self medical ground as well as distance ground. However, the said representation is still pending consideration. Hence, this writ petition. 5. Mr. Prosenjit Mukherjee, 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 as well as distance ground, in accordance with law. 6. Mr. Kaushik Chowdhury, learned Advocate for the Board and District Primary School Council, Birbhum submits that the Utsashree portal is presently functional and the petitioner should file such application seeking transfer through Utsashree portal under the existing rules. He files reports of the Secretary of the Board and Chairman-in-Charge, Murshidabad District Primary School Council in this regard, which are taken on record. 7. Learned Advocate for the State concedes to the same. 8. To this, Mr. Mukherjee, learned advocate appearing for the petitioner submits that the Utsashree portal is not functional as yet. 9. 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 3 submit such application through Utsashree portal, the respondent No.5, the Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 19th January, 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. 10. The reasoned order is to be communicated to the petitioner within one week from date of passing of such order. 11. The respondent No.5, 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. 12. Learned advocate for the petitioner is directed to communicate this order to the respondent No.5, the Secretary, West Bengal Board of Primary Education, for necessary compliance. 13. With the above direction, the writ petition being WPA 2398 of 2026 stands 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. 4 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.)