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2026 DAILYLAW 42349 (CAL)

NAYIMA RAHAMAN v. STATE OF WEST BENGAL AND ORS.

WPA/7744/2026 · 2026-09-17

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.09.2026 Sl. No.21(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 7744 of 2026 Nayima Rahaman Versus The State of West Bengal & Ors. Mr. Somesh Kumar Ghosh, Mr. Suman Mukherjee …for the Petitioner. Mr. Sourov Sengupta … for the State. Mr. Ratul Biswas, Mr. Koushik Chowdhury … for the WBBPE. Mr. Pronay Basak ,,,for the DPSC, South 24-Parganas. Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee ,,,for the DPSC, Nadia. 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 inter-district transfer to the petitioner from her present place of posting in the District of South 24-Parganas to a school in the District of Nadia on self-medical ground. 3. The petitioner contends that she joined as an Assistant Teacher in Purba Ramchandrakhali FP School under Basanti Circle, District-South 24-Parganas on 19th July, 2021. The petitioner is confirmed in service with effect from 19th July, 2023. The petitioner is suffering from various gynaecological problems. On 16th February, 2026, the petitioner made a representation before the authority concerned for her transfer on self-medical 2 ground. However, the said representation is still pending consideration. Hence, this writ petition. 4. Mr. Somesh Kumar Ghosh, 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 her transfer on self-medical ground, in accordance with law. 5. Despite service, none appears on behalf of the State- respondents. 6. Mr. Sourov Sengupta, learned Advocate, who usually appears on behalf of the State-respondents is requested to appear in this matter. Let the appointment of Mr. Sourov Sengupta be regularised by the competent authority. 7. Learned Advocate-on-record for the petitioner is directed to serve copy of the writ petition along with its annexures upon the learned Advocate for the State. 8. Learned Advocates for the Board, State and District Primary School Councils submit that the Utsashree portal is presently functional and the petitioner should file such application seeking transfer through Utsashree portal under the existing rules. 9. To this, Mr. Ghosh, learned advocate appearing for the petitioner submits that the Utsashree portal is not functional as yet. 10. 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 3 application through Utsashree portal, the respondent No.4, the Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 16th 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. 11. The respondent No.4, the Secretary, West Bengal Board of Primary Education shall be at liberty to seek for medical examination of the petitioner before considering the representation of the petitioner. 12. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 13. Learned advocate for the petitioner is directed to communicate this order to the respondent No.4, the Secretary, West Bengal Board of Primary Education, for necessary compliance. 14. With the above direction, the writ petition being WPA 7744 of 2026 stands disposed of. 15. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 16. Interim order, if any, stands vacated. 17. All connected applications, if any, stand disposed of. 18. There shall be no order as to costs. 19. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 4 20. 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.)