Item No.5 01.09.2026 Court. No. 9 (Saswata) CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE JURISDICTION WPA 1747 of 2026 Abida Khatun Vs. The State of West Bengal & Ors. Ms. Taniya Bhowmik …for the Petitioner Mr. Samar Rakshit Mr. Tuhin Kumar Roy …for the State 1. Affidavit of service filed in Court today is retained with the record. 2. The instant writ petition has been filed, inter alia, praying for a direction upon the respondent no. 4 to consider and dispose of the petitioner’s transfer application. 3. The petitioner was appointed as an Assistant Teacher of Jamaldaha No.2 New Primary School within the jurisdiction of District Primary School Council, Cooch Behar. According to the petitioner, the school where the petitioner is imparting education is 696 kms away from her place of residence. Accordingly, the petitioner has taken an accommodation near her place of posting. 4. The petitioner claims to be suffering from medical problems including genealogical issues and as such, the petitioner had made an application before the respondent no. 4 for her transfer (inter district category) to any school near her residence. 5. The State is represented. 2 6. Having heard the learned advocates appearing for the respective parties, I find that the petitioner’s application for transfer is pending since 17th June 2025 when the online portal “utsashree” had remained suspended. Though, learned advocate appearing for the State respondents would submit that the portal has presently become operational, however, having regard to the fact that the application is pending, for the time being without going into the issue as to whether the petitioner’s case warrants for transfer, I am of the view that the petitioner’s representation for being considered for transfer in terms of West Bengal Primary Education (Transfer of Teachers including Head teachers) Rules, 2002 (hereinafter referred to as the said Rules) cannot be held back, as the said rules confer the right to the petitioner to be considered for transfer. 7. In view thereof, I direct the respondent no. 4 to decide on the petitioner’s transfer application in terms of the said rules, for the said purpose, the above respondent shall seek for a report from the Chief Medical Officer and if the petitioner is found eligible, to take up follow up actions as may be necessary to effectuate the transfer. 8. It is expected that the decision in this regard shall be taken by the respondents within a period of 8 weeks from the date of communication of this order. 9. There shall be no order as to costs. 10. The parties are to act on the basis of the server copy of this order. (RAJA BASU CHOWDHURY, J.)