W.P.A. 1451 of 2026, A. Roy,J. Form J(2) Sl. No. 38 AB High Court at Calcutta In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Aniruddha Roy W.P.A. 1451 of 2026 Susmita Basak Vs. The State of West Bengal & Ors. For the petitioner : Mr. Shamim ul Bri Ms. Taniya Bhowmik For the State : Mr. Abhijit Raha Mr. Tuhin Kumar Roy Heard on : August 19, 2026 Judgment on : : August 19, 2026 [ IN COURT ] Aniruddha Roy,J. 1. The petitioner prays for transfer from one school to another on the alleged medical grounds of her children. The application dated April 7, 2025, annexure P-3 at page 29 to the writ petition has been submitted by the petitioner before the jurisdictional Sub-Inspector of Schools, Mal Circle. Petitioner submits that, the application has already been forwarded before the respondent no. 5 as the petitioner has been informed by the Sub- Inspector of Schools. W.P.A. 1451 of 2026, A. Roy,J. 2 2. Learned State advocate Mr. Abhijit Raha submits that, the present school of the petitioner is within 10 K.M. from her residence. He further submits that, the Teachers-Students ratio at the present school may not permit the transfer of the petitioner. 3. Mr. Bari learned advocate appearing for the petitioner submits that, in the event of medical ground Teachers-Students ratio is not a bar. 4. In view of the above, following directions are made: (a) In the event this application has not yet been forwarded by the S.I. of Schools to the respondent no. 5, the same shall be forwarded positively within a week from the date of communication of this order; (b) The respondent no. 5 then after receiving the application upon issuing a prior hearing notice of at least seven days to the petitioner and after granting her an opportunity of hearing shall dispose of the application by passing a reasoned order in accordance with law but positively within six weeks from the date of communication of this order or receiving application from the S.I of Schools, as the case may be; W.P.A. 1451 of 2026, A. Roy,J. 3 (c) The reasoned order then shall be communicated to the petitioner within two weeks from the date of the reasoned order to be passed; (d) In the event, the reasoned order goes in favour of the petitioner, an immediate effect shall be given to them in accordance with law including by the transferred school, if any. 5. It is made clear that, this order shall not create any right or equity in favour of the petitioner, if the petitioner is not eligible to receive her claim for transfer, strictly in accordance law and after consulting all the relevant records. 6. Since affidavits are not called for, allegations made in this writ petition are deemed not to have been admitted by the respondents. 7. With the above observations and directions this writ petition being WPA 1451 of 2026 stands disposed of, without any order as to costs. 8. Photostat certified copy of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)