11 03.09.2026 S.Seal Ct.9. CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE WPA 1696 of 2026 Niranjan Sarkar Versus State of West Bengal & Ors. Ms. Tania Bhowmik … For the petitioner. Mr. Avijit Ghosh, Sr. G.P Mr. Alok Sah … For State. Ms. Mousumi Bhowal …For respondent no. 6 1. The present writ petition has been filed, inter alia, praying for a direction upon the respondent no. 6 to dispose of the petitioner’s application for transfer which is at present pending with him. 2. Since the application for transfer was made in offline mode before the Chairman, District Primary School Council, Cooch Behar, Ms. Bhowal, learned advocate appearing for respondent no. 6 was directed to take instruction whether the Utsashree portal is functional. 3. Today, Ms. Bhowal, learned advocate for the respondent no. 6 would submit that the aforesaid portal is not entirely functional and there are several technical glitches which are required to be sorted out. 2 4. Having heard the learned advocates appearing for respective parties I find that the petitioner was appointed as an Assistant Teacher at Dakshin Rampur No. 2, Plan Primary School in the year 2002. The petitioner was subsequently transferred to Kashal Danga G.P. chool under Satmil Circle and he joined such school on 19th July, 2006 as an Assistant Teacher. Subsequently, the petitioner was promoted as Head Teacher on and from 4th October, 2016 and has been working as Head Teacher. 5. The petitioner at present is the Head Teacher of Dhorerkuthi Junior Basic School, under Rampur Circle, P.S. Baxirhat, Dist. Cooch Behar. The petitioner seeks for transfer and according to him, the ratio of the teacher in comparison to the students is quite high and the school is situated at a distance of more than 100 km from the residence of the petitioner. 6. Having heard the learned advocates appearing for the respective parties and noting the submissions from the parties that online portal is not fully functional, I am of the view, without going into the question whether the petitioner’s case warrants transfer, the petitioner’s application for transfer which is to be considered in terms of West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002 (hereinafter referred to as ‘the said Rules’), cannot be kept pending simply because the portal has remained non-functional. Since, the rules confer a right to be considered, the petitioner’s 3 application for transfer, cannot be kept pending indefinitely. 7. Further since the online portal is not functional, there cannot be any embargo on the part of the respondent no. 6 to consider the petitioner’s application for transfer in offline mode. 8. In view thereof I direct the respondent no. 6 to consider the petitioner’s application for transfer by passing a reasoned order. 9. With the above observation, the writ petition stands disposed of. 10. There shall no order as to costs. 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.)