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Calcutta High Court · body

2026 DAILYLAW 5886 (CAL)

SAHABAJ MALLICK v. STATE OF WEST BENGAL AND ORS.

WPA/22732/2025 · 2026-02-05

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

05.02.2026 Item No. 32 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 22732 of 2025 Sahabaj Mallick vs. State of West Bengal & ors. Mr. Sudipta Dasgupta Mr. Sondwip Sutradhar … for the petitioner Mr. Ratul Biswas Mr. Kaushik Chowdhury … for the WBBPE Mr. Biswabrata Basu Mallick Mr. Biman Halder Mr. Amman Arif Ansari … for the DPSC, Uttar Dinajpur Mr. Arindam Chattopadhyay Mr. Soumik Dey … for the DPSC, Nadia 1. Affidavit of service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks for direction upon the respondent authorities to grant inter district transfer from the district of Uttar Dinajpur to the district of Nadia upon consideration of the representation of the petitioner dated 13th August, 2025. 3. The petitioner contends that he is an Assistant Teacher of Ruhia F.P. School, under Islampur Circle, District Uttar Dinajpur. The petitioner joined the said school on 9th August, 2021. The petitioner has been confirmed in the service with effect from 9th August, 2023. The minor child of the petitioner suffering from cerebral palsy has been certified to be disabled to the extent of hundred percent. The petitioner’s house is 413 kms. away from the said school. On 13th August, 2025, the petitioner made a representation before respondent no. 4, the Secretary, West Bengal Board of Primary Education seeking his transfer. However, the same is still pending consideration. Hence this writ petition. 4. Mr. Sudipta Dasgupta, learned advocate appearing for the petitioner submits that the matter be relegated to the appropriate authority for consideration of the representation of the petitioner seeking transfer. 5. Learned advocates appearing for the respondents leave the matter to the discretion of the Court. 6. In view of the submissions advanced by the respective parties, respondent no. 4, the Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 13th August, 2025 and dispose of the same by passing a reasoned order in accordance with law, subject to production of medical documents, upon notice to the petitioner, within a period of eight weeks from the date of communication of this order. 2 7. The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order. 8. The petitioner is directed to communicate this order to respondent no. 4, the Secretary, West Bengal Board of Primary Education for necessary compliance. 9. With the above directions, the writ petition being no. WPA 22732 of 2025 stands disposed of. 10. Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted. 11. Consequently, connected applications, if any, also stand disposed of. 12. Interim orders, if any, stand vacated. 13. There will be no order as to costs. 14. Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Bivas Pattanayak, J.) 3