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2026 DAILYLAW 38924 (CAL)

SANTU ROY v. STATE OF WEST BENGAL AND ORS.

WPA/6375/2026 · 2026-09-03

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

03.09.2026 Sl. No.15 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No.6375 of 2026 Santu Roy Versus The State of West Bengal & Ors. Mr. Sudip Ghosh Chowdhury Ms. Pritha Biswas Ms. Upasana Sarkar …for the Petitioner. Mr. Lokenath Chatterjee Ms. Mary Datta … for the State 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant intra-District transfer to a school nearby his present place of residence upon consideration of his representation dated 28th February, 2026 on medical ground of his child. 3. The petitioner contends that he joined as an Assistant Teacher in Purusottambati Bagdipara Primary School of Rapatganj, District Bankura on 3rd February, 2017. The petitioner’s service has been confirmed with effect from 3rd February, 2019. The minor child of the petitioner is suffering from serious cardiac disease. The house of the petitioner is situated about 82 kilometers away from his present place of posting. On 28th February, 2026 (sent by post on 5th March, 2026) the petitioner made a representation before the authority concerned for his transfer on child’s medical ground. However, the said 2 representation is still pending consideration. Hence, this writ petition. 4. Mr. Sudip Ghosh Chowdhury, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for his transfer on child’s medical ground, in accordance with law. 5. Learned Advocate for the State submits that the Utsashree portal is presently functional and the petitioner should file such application seeking transfer through Utsashree portal under the existing rules. 6. To this, Mr. Ghosh Chowdhury, learned advocate appearing for the petitioner submits that the same cannot be accessed and the application has been regretted on the ground of maintenance being undertaken. 7. In view of the above, liberty is granted to the petitioner to file application through Utsashree portal seeking transfer. In the event, the petitioner is unable to submit such application through Utsashree portal, the respondent no.4, the Chairman District Primary School Council, Bankura, is directed to consider the representation of the petitioner dated 28th February, 2026 and dispose of the same, upon giving notice to the petitioner, by passing a reasoned order in accordance with law, within a period of eight weeks from the date of communication of this order, subject to production of medical document of petitioner’s son. 3 8. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 9. Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the District Primary School Council, Bankura. 10. With the above direction, the writ petition being WPA 6375 of 2026 stands disposed of. 11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 12. Interim order, if any, stands vacated. 13. All connected applications, if any, stand disposed of. 14. There shall be no order as to costs. 15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 16. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.)