Satabdi Maity v. State Of West Bengal And ORS.

6th Jan., 2026 Item no.D/L 05 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 84 of 2026 In the matter of :

Smt. Satabdi Maity .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Shamim-ul-Bari Ms. Asmita Mitra ....Advocates For the WBCSSC:

Mr. Kalyan Bandopadhyay. Sr. Adv.

Mr. Biswaroop Bhattacharjee Ms. Pramiti Bandopadhyay Mr. Arka Kumar Nag Mr. Rahul Kumar Singh ....Advocates For the WBBSE:

Ms. Koyeli Bhattacharyya Mr. Bibek Datta ....Advocates For the State:

Mr. Sirsanya Bandopadhyay Mr. Sambuddha Dutta Ms. Debdooti Dutta ....Advocates For the Respondent no. 2:

Mr. Sandip Das Gupta Ms. Mahima Cholera Mr. Niket Ojha ....Advocates

1. The petitioner was appointed as a teacher after she was successful in the 1st SLST-2016. The appointment of the petitioner stood nullified by the judgment passed by the Hon'ble Supreme Court on 3rd April,

2025 in Civil Appeal No. 4800 of 2024 in the matter of State of West Bengal Vs. Baishakhi Bhattacharyya (Chatterjee) & Ors.

2. The petitioner has been repatriated to her earlier posting but at a school which the petitioner claims to be 270 kilometers away from her residence.

3. She submits that she has two minor children. The petitioner has annexed medical documents in support of the submission that one of her children is suffering from severe health issues and she, as a mother, is required to take care of the medical emergency of her child.

4. Learned advocate for the petitioner submits that it is practically impossible for her to commute to such far off distance on daily basis.

5. She has made representation before the respondents seeking transfer to a school which is close to her residence.

6. Prayer has been made to direct the authority to consider her request for transfer to a nearby school. The petitioner has disclosed names of seven schools in her representation where the petitioner claims that vacancy is available.

7. The petitioner has also annexed documents to show that two teachers have been recommended to schools near to their residence.

8. Learned senior counsel representing the Commission opposes the prayer of the petitioner. It has been submitted that the petitioner cannot claim posting as per her choice. The petitioner has been repatriated in compliance of the direction passed by the Hon'ble Supreme Court.

9. Upon hearing the parties and on perusal of the documents annexed to the writ petition, it appears that, the request of the petitioner seeking transfer to a school near to her residence is pending consideration.

10. Without entering into the merit of the claim of the petitioner, the instant writ petition is disposed of by directing the West Bengal Central School Service Commission to consider the request of the petitioner strictly in accordance with law but keeping in mind the emergency health condition of the minor child of the petitioner.

11. A decision shall be taken by the aforesaid respondent at the earliest but positively within a period of eight weeks from the date of communication of this order.

12. A reasoned order shall be passed and communicated to the petitioner immediately thereafter.

13. The writ petition stands disposed of.

14. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)