MASIHUR RAHAMAN MOLLAH v. STATE OF WEST BENGAL AND ORS.
WPA/7609/2026 · 2026-09-24
Bivas Pattanayak
body2026
DailyLaw.ai
[ 2026 DAILYLAW 45650 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 45650 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
24.09.2026 Sl. No.41 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 7609 of 2026 Masihur Rahaman Mollah Versus The State of West Bengal & Ors. Mr. Shuvro Prokash Lahiri Mr. Ankan Mondal Mr. Monmohon Singh Roop Roy …for the Petitioner. Mr. Sourav Sengupta Ms. Sneha Chatterjee …for the State. Ms. Mary Datta Mr. Pronay Basak
…for DPSC, South 24-Parganas. 1. Report filed by the Chairman, District Primary School Council, South 24-Parganas dated 23rd September, 2026 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 16th February, 2026 on the ground of physical disability. 3. The petitioner contends that he joined as an Assistant Teacher in Dhankhali Free Primary School under Kultali Circle, District South 24-Parganas on 27th January, 2014. The petitioner is confirmed in service with effect from 27th January, 2016. Subsequent
thereto the petitioner has been promoted as Head Teacher of Godabar Junior Basic School under Kultali Circle on 23rd November, 2023. On 16th February, 2026 the petitioner made a representation before the authority concerned for his transfer on the ground of physical disability. However, the said representation is still pending consideration. Hence, this writ petition. 4. Mr. Shuvro Prokash Lahiri, 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 the ground of physical disability, in accordance with law. 5. Learned advocates for the State and District Primary School 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. Lahiri, 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, South 24-Parganas is directed to consider the representation of the petitioner dated 16th February, 2026 and dispose of the same, upon giving 2
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. 8. The respondent no.6, the Chairman, District Primary School Council, South 24-Parganas shall be at liberty to seek for medical examination of the petitioner before considering the representation of the petitioner. 9. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 10. Learned advocate for the petitioner is directed to communicate this order to the respondent no.6, the Chairman, District Primary School Council, South 24- Parganas, for necessary compliance. 11. With the above direction, the writ petition being WPA 7609 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.) 3