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Calcutta High Court · body

2026 DAILYLAW 9633 (CAL)

MILIFARI YASMIN v. STATE OF WEST BENGAL AND ORS.

WPA/21827/2025 · 2026-04-16

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.04.2026 Sl. No.24(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 21827 of 2025 Milifari Yasmin Versus The State of West Bengal & Ors. Mr. Shamimul Bari, Ms. Jonaki Saha, Ms. Asmita Mitra …for the Petitioner. Mr. Avishek Prasad … for the DPSC, Malda. Mr. Subir Pal, Ms. Moumita Karmakar …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 for direction upon the respondent authorities to grant intra district transfer to a school nearby her place of residence on self-medical ground. 3. The petitioner contends that she joined as an Assistant Teacher of Sujapur Bazar Primary School under Kaliachak North Circle, District-Malda. The petitioner is confirmed in service with effect from 6th July, 2012. The petitioner has to travel long distance to attend the school. The petitioner is suffering from Osteoarthritis of knee. The petitioner seeks transfer to a school close to her residence. Hence, this writ petition. 2 4. Mr. Shamimul Bari, learned Advocate for the petitioner seeks liberty to file a comprehensive representation before the authority seeking transfer on self medical ground alongwith necessary medical documents. 5. Learned Advocates representing the West Bengal Board of Primary Education as well as District Primary School Council, Malda leave the matter to the discretion of the Court. 6. Accordingly, liberty is granted to the petitioner to file a comprehensive representation before the appropriate authority concerned annexing all medical documents of the petitioner within a period of four weeks from date. In the event such representation is made within the aforesaid period, respondent No.5, Chairman, District Primary School Council, Malda shall consider and dispose of the representation of the petitioner by passing a reasoned order, in accordance with law, upon notice to the petitioner, within a period of six weeks from the date of receipt of the representation. 7. The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order. 8. The respondent No.5 is granted liberty to seek for medical examination of the petitioner, if so required. 9. Learned advocate for the petitioner is directed to communicate this order to respondent No.7, 3 Chairman, District Primary School Council, Malda, for necessary compliance. 10. With the above direction, the writ petition being WPA 21827 of 2025 stands disposed of. 11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 12. Interim order, if any, stands vacated. 13. All connected applications, if any, stand disposed of. 14. There shall be no order as to costs. 15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 16. 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.)