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2026 DAILYLAW 38745 (CAL)

BRATATI DUTTA v. STATE OF WEST BENGAL AND ORS.

WPA/1874/2026 · 2026-08-31

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item No.28 31.08.2026 Court. No. 9 (Saswata) CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE JURISDICTION WPA 1874 of 2026 Bratati Dutta Vs. The State of West Bengal & Ors. Mr. Santanu Maji Mr. Jogesh Ch. Roy …for the Petitioner. Mr. Bikramaditya Ghosh …for the Board Ms. Sanghai Choudhury Ms. Manisha Dutta …For the State Mr. Tara Prasad Halder Mr. Subhasish Misra …For the Siliguri Primary School Council . 1. Affidavit of service filed in Court today is retained with the record. 2. The instant writ petition has been filed praying for a direction upon the respondents to grant general transfer on distant ground. 3. The petitioner was appointed as an Assistant Teacher in Pataramjote Primary School in the district of Darjeeling. The petitioner joined the service on 20th July 2021 and has since applied for transfer after the online Utsashree portal has become operational. Such application has been made on 21st July 2026. 4. Records would reveal that the petitioner’s case was processed by the authorities on the Utsashree portal and on 29th July 2026 his case was forwarded to West Bengal 2 Board of Primary Education and is pending for consideration thereat. 5. Having heard the learned advocates appearing for the respective parties, I find that the petitioner has approached this Court for issuance of a writ in the nature of mandamus so as to direct the respondents to process the petitioner’s application for transfer without any demand of justice, at a stage when the petitioner’s application for transfer is still under consideration. Though, the learned advocate for the petitioner by placing reliance on Frequently Asked Question (FAQ) would submit that the time limit for consideration of the transfer application as per the answer in the FAQ is already over and would insist that the application for transfer ought to be considered expeditiously, I find that the West Bengal Primary Education (Transfer of Teachers including Head teachers) Rules, 2002 do not provide for such rigid timelines. The petition has been filed on 18th August 2026, i.e., approximately 20 days from the last movement, as is reflected from the print out of the screenshot from the portal. 6. In the light of the above, this Court is not inclined to entertain the instant writ petition at this stage. 7. The same is dismissed with liberty to approach before this Court, if occasion so arise. (RAJA BASU CHOWDHURY, J.)