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2026 DAILYLAW 46483 (CAL)

PARVIN BEGUM v. STATE OF WEST BENGAL AND ORS.

WPA/27027/2026 · 2026-09-30

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

30.09.2026 Sl. No.12 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 27027 of 2026 Parvin Begum Versus The State of West Bengal & Ors. Mr. Sudip Ghosh Chowdhury Ms. Pritha Biswas Ms. Upasana Sarkar …for the Petitioner. Mr. Pratik Dhar, Sr. Adv. Ms. Madhurima Sarkar … for the Madrasah Service Commission Ms. Anita Kundu Ms. Sulogna Chowdhury …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, particularly respondent no.6, Headmaster, Ashuruddinpur High Madrasah (hereinafter referred to as ‘the said Madrasah’) to consider the application of the petitioner dated 9th April, 2026 seeking transfer on self-medical ground within the stipulated period. 3. The petitioner contends that she is the Assistant Teacher of the said Madrasah. On 9th April, 2026 the petitioner submitted an application in proper format before the Headmaster, of the said Madrasah. However, the same has not been forwarded to the District Inspector of Schools (SE) as required under the rules. Hence, this writ petition. 2 4. Mr. Sudip Ghosh Chowdhury, learned Advocate appearing on behalf of the petitioner seeks appropriate direction be issued upon the said Madrasah to forward the transfer application of the petitioner in terms of Rule 34(2) of the West Bengal Madrasah Service Commission Recruitment (Selection and Recommendation of persons for Appointment and Transfer to the Posts of Teacher and Non-Teaching Staff) Rules, 2023 (hereinafter referred to the ‘Rules, 2023’). 5. Mr. Pratik Dhar, learned Senior Advocate representing the West Bengal Madrasah Service Commission submits that in the event the petitioner has submitted transfer application in proper format, as per Rule 34(2) of the Rules, 2023 the Head of the Institution is under statutory obligation to forward the same to the concerned District Inspector of Schools (SE) after proper verification and scrutiny. 6. Despite service none appears on behalf of respondent no.6, Headmaster of the said Madrasah. 7. Indisputably, the petitioner has submitted an application in proper format before the Headmaster of the said Madrasah. Rule 34(2) of Rules, 2023 provides that the Head of Madrasah (H.M./Superintendent/ TIC) shall, after proper verification and scrutiny, forward the eligible application along with the relevant papers to the District Inspector of Schools (SE)/authorised Officer within 15 days from the date of submission of the application. 3 8. Bearing in mind the aforesaid provisions and considering the submissions advanced on behalf of the respective parties, the respondent no.6, the Headmaster of the said Madrasah is directed to forward the transfer application of the petitioner to the concerned District Inspector of Schools (SE) after proper verification and scrutiny in terms of Rule 34(2) of Rules, 2023 and all consequential steps be taken in accordance with law within a period of four weeks from the date of communication of this order. 9. Learned advocate appearing for the petitioner is directed to communicate this order to respondent no. 6, the Headmaster, of the said Madrasah, for necessary compliance. 10. With the aforesaid directions, the writ petition being WPA 27027 of 2026 is disposed of. 11. Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied. 12. Consequently, connected applications, if any, stand disposed of. 13. Interim orders, if any, stand vacated. 14. There shall be no order as to costs. 15. 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.)