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2026 DAILYLAW 49888 (CAL)

KAKALI SARKAR v. STATE OF WEST BENGAL AND ORS.

WPA/7743/2026 · 2026-10-08

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.10.2026 Sl. No.11 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No.7743 of 2026 Kakali Sarkar Versus The State of West Bengal & Ors. Mr. Somesh Kr. Ghosh Mr. Suman Mukherjee …for the Petitioner. Ms. Mary Datta Mr. Sourav Sengupta … for the State Mr. Ratul Biswas Mr. Koushik Chowdhury … for the WBBPE Ms. Sneha Chatterjee Mr. Pronoy Basak … for the DPSC, South 24-Parganas 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 North 24-Parganas on self-medical ground. 3. The petitioner contends that she joined as an Assistant Teacher in Anandabad JB School under Basanti Circle, District South 24-Parganas on 10th August, 2021. The petitioner is confirmed in service with effect from 10th August, 2023. The petitioner is suffering from utgerine fibroid and various gynaecological problems for a considerable period of time. On 16th February, 2026 the petitioner made a representation before the authority 2 concerned for her transfer on self-medical ground. 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 her transfer on self-medical ground, in accordance with law. 5. Despite service none appears on behalf of the State. 6. Ms. Mary Datta, learned Advocate who usually appears on behalf of the State is requested to appear in this matter with junior of her choice. Let their appointment be regularized by the competent authority. 7. Learned Advocate 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 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. 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 application through Utsashree portal, the respondent 3 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. 14. With the above direction, the writ petition being WPA 7743 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.)