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2026 DAILYLAW 46165 (CAL)

NIRMALLYA MALLICK v. THE STATE OF WEST BENGAL AND ORS

WPA/1985/2026 · 2026-10-05

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

October 5, 2026 (27) ARDR IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA 1985 of 2026 Nirmallya Mallick Vs. The State of West Bengal & ors. Adv. Suvro Prakash Lahiri, Adv. D. undu, … for the petitioner. Adv. Sumit Kr. Roy, …for the SSC. Adv. Shubhankar Dutta, Adv. Tamanna Kar, …for the State. Affidavit of service filed by the petitioner is taken on record. The petitioner is appointed as Assistant Teacher in Basantirhat Kumudini High School and sought inter- district transfer on the ground of illness of his wife who is suffering from cancer. Pursuant to the said application submitted in prescribed format, a no objection was issued by the concerned school and forwarded to the District Inspector of Schools (SE) Cooch Behar District. The matter is pending before the District Inspector of Schools. The petitioner seeks a direction upon the said authority to cause necessary enquiry and forward the same to the West Bengal Central School Service Commission, being the 3rd respondent herein, for passing necessary order. 2 Learned counsels for the State and the School Service Commission leave the matter to the discretion of the Court. In view of the fact that the issue is pending before the District Inspector of Schools since 1st April, 2026, the said authority, being the 5th respondent herein, is directed to cause necessary enquiry with regard to the medical grounds taken by the petitioner and forward the same to the 3rd respondent within four weeks from the date of communication of this order for taking a decision in this regard. The 3rd respondent is directed to deal with the issue and take a reasoned decision within four weeks from the date of receipt thereof. In the event the 3rd respondent arrives at a decision in favour of the petitioner, necessary consequential steps be taken at the earliest. The writ petition is disposed of. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J)