1 02.09.2026 sb Ct.9. IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 32 of 2026 Kajal Sarkar Versus The State of West Bengal & Ors. Mr. Aninda Bose (VC) Mr. Santanu Maji Mr. Jagesh Chadra Roy … For the petitioner. Ms. Supriya Singh Ms. Esha Acharya … For the State. 1. Challenging the transfer order dated 29th December, 2025, whereby the petitioner had been transferred to Chengerkuthi Khalisamari newly set up primary school under Sitalkuchi Circle to act as a Head Teacher on administrative ground as well as in the interest of the public service and primary education, the instant writ petition has been is filed. 2. When the writ petition was moved, by an order dated 11th February, 2026, a Coordinate Bench of this Court while noting that the only issue in this case is whether the council had any authority to issue the transfer order had permitted the petitioner to join the transferred post within a week without prejudice to his rights and contentions in the writ petition. The respondents were also directed to file affidavit-in- opposition. 2 WPA 32 of 2026 3. Though no affidavit-in-opposition has been filed, however, Mr. Bose, learned advocate appearing for the petitioner would submit that in terms of the liberty reserved in favour of the petitioner by the order dated 11th February, 2026, the petitioner has since joined the transferred post. Today, the petitioner no longer wishes to question the competence of the council to effectuate the above transfer, however, the petitioner claims that the aforesaid transfer is causing undue hardship to the petitioner and, as such, the petitioner is interested to make a representation before the appropriate authority. 4. Having regard to such submissions made in Court by Mr. Bose, without going into the issue as to whether the council is competent to effectuate such transfer, I am of the view that in the event, the petitioner makes an appropriate representation before the respondent no.7 within a period of two weeks from date, the respondent no.7 shall be obliged to consider the same in accordance with law and take a decision thereon as expeditiously as possible, preferably within a period of four weeks therefrom upon giving an opportunity of hearing to the petitioner. 5. It is made clear that while considering such representation, the same shall not be turned down on the ground that the petitioner had made the repersentation within five years from the date of joining the transferred post. 3 WPA 32 of 2026 6. With the above observations and directions, the writ petition is disposed of. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)