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2026 DAILYLAW 43045 (CAL)

MAKBUL HOSSAIN v. STATE OF WEST BENGAL AND ORS.

WPA/7745/2026 · 2026-09-17

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.09.2026 Sl. No.22 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No.7745 of 2026 Makbul Hossain Versus The State of West Bengal & Ors. Mr. Somesh Kr. Ghosh Mr. Suman Mukherjee …for the Petitioner. Mr. Sourav Sengupta Ms. Mary Datta … for the State Mr. Ratul Biswas Mr. Kaushik Chowdhury ,., for the WBBPE Md. Sarwar Jahan Sk. Nayeemul Haque … for the DPSC, Murshidabad 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 18th February, 2026 on spouse medical ground. 3. The petitioner contends that he joined as an Assistant Teacher in 87 Bhagolpur Uttar Paschim Pry School under Suti Circle, District Murshidabad on 16th February, 2024. The petitioner has completed two years of continuous service. The wife of the petitioner is suffering from various gynaecological ailments. On 18th February, 2026 the petitioner made a representation before the authority concerned for his transfer on spouse medical ground. 2 However, the said representation is still pending consideration. Hence, this writ petition. 4. Mr. Somesh Kr. 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 his transfer on spouse medical ground, in accordance with law. He files copy of the letter of confirmation of the petitioner issued by the Sub-Inspector of Schools, Primary Education, Suti Circle, Murshidabad dated 30th July, 2026 wherefrom it appears that the petitioner is confirmed in service with effect from 16th February, 2026. 5. Learned Advocates for the Board, State as also Council submit 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, learned advocate appearing for the petitioner submits that the Utsashree portal is not functional as yet. 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.6, the Chairman, District Primary School Council, Murshidabad is directed to consider the representation of the petitioner dated 18th 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 3 of eight weeks from the date of communication of this order, subject to production of medical document of petitioner’s wife. 8. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 9. It is made clear that this order is passed under special circumstance and should not be treated as a precedent. 10. Learned advocate for the petitioner is directed to communicate this order to the respondent no.6, the Chairman, District Primary School Council, Murshidabad, for necessary compliance. 11. With the above direction, the writ petition being WPA 7745 of 2026 stands disposed of. 12. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 13. Interim order, if any, stands vacated. 14. All connected applications, if any, stand disposed of. 15. There shall be no order as to costs. 16. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 17. 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.)