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Calcutta High Court · body

2026 DAILYLAW 7522 (CAL)

SAYANTAN SAHA v. STATE OF WEST BENGAL AND ORS.

WPA/2126/2026 · 2026-04-01

Bivas Pattanayak

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01.04.2026 Sl. No. 07 Ct. No.14 AN IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 2126 of 2026 Sayantan Saha vs. State of West Bengal & ors. Mr. Chittapriya Ghosh Mr. Somesh Kr. Ghosh Ms. Tulika Bag … for the petitioner Mr. Arunava Maiti …for the State Mr. B. P. Vaisya Mr. Pinaki Bhattacharyya … for DPSC, North 24 Parganas Mr. Kaushik Chowdhury … for the WBBPE 1. Report filed by the Chairman, District Primary School Council, North 24 Parganas is taken on record. 2. By the present writ petition the petitioner seeks direction upon the respondent authorities, particularly, respondent no. 6 and 7 for issuance of necessary ‘No Objection Certificate’ in favour of the petitioner in order to enable him to attend classes for two year Diploma in Elementary Education (in short D.El.Ed) course for the session 2025-2027. 3. The petitioner contends that he is an Assistant Teacher of Nibedita Bastuhara Vidya Mandir under Bhatpara Circle, District North 24 Parganas. The petitioner has taken admission in D.El.Ed for the session 2025-2027, pursuant to the notification issued by the West Bengal Primary Education on 9th November, 2025. However, due to non-issuance of the ‘No Objection Certificate’ from the District Primary School Council, North 24 Parganas, the petitioner is unable to attend the classes for two year D.El.Ed. Course for the Session 2025-2027. Hence this writ petition. 4. Mr. Chittapriya Ghosh, learned advocate appearing for the petitioner submits that until and unless such ‘no objection’ is granted by the District Primary School Council, North 24 Parganas, the petitioner could not pursue the D.El.Ed. Course. He also informs the Court that the classes has already commenced from February, 2026 for the in-service Teachers for the Session 2025- 2027. He seeks for appropriate orders. 5. Mr. Pinaki Bhattacharyya, learned advocate appearing for the respondent District Primary School Council, North 24 Parganas submits that the petitioner has not taken any permission from the Board or the District Primary School Council, North 24 Parganas prior to taking such admission. It is open to the petitioner to pursue such Course in some other sessions. 6. Mr. Kaushik Chowdhury, learned advocate appearing for the respondent Board submits that the petitioner has taken admission in the month of November, 2025 and at a belated stage has filed the writ petition seeking for ‘no objection’ from the District Primary School 2 Council, North 24 Parganas. He seeks for dismissal of the writ petition. 7. Mr. Arunava Maiti, learned advocate representing the State leaves the matter to the discretion of the Court. 8. Admittedly, the petitioner has taken admission in the D.El.Ed. Course in the month of November, 2025 pursuant to the notification issued by the Board. There cannot be any quarrel that the petitioner has to complete such Course in order to continue as a Primary School Teacher. 9. In view of the above, the District Primary School Council, North 24 Parganas is directed to issue requisite ‘No Objection Certificate’ in favour of the petitioner in order to enable him to attend his classes for two year D.El.Ed. Course for the session 2025-2027 on the regular mode within a period of one week from the date of communication of this order. 10. Learned advocate appearing for the petitioner is directed to communicate this order to the Chairman, District Primary School Council, North 24 Parganas for necessary compliance. 11. With the above direction, the writ petition being WPA 2126 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. 3 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.) 4