Runa Khatun v. State Of West Bengal And ORS.

08.01.2026 Sl. No.9 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 1197 of 2025 Runa Khatun

Versus

The State of West Bengal & Ors.

Mr. Dipayan Kundu Mr. Subham Ghosh Mr. Agnik Maulik ...for the Petitioner.

Mr. Ratul Biswas Mr. Kaushik Chowdhury ...for the WBBPE.

Mr. Susanta Pal Ms. Ananya Neogi ... 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 allow her prayer for transfer from Bhatkunda Free Primary School under Islampur Circle, P.O. Srikrishnapur, P.S. Islampur, District Uttar Dinajpur to any school opted by the petitioner in terms of Rule 3(2) of Notification bearing No.159-SE/S/1SD-4/95 (Part) dated 27th February, 2015 of the School Education Department, Secondary Branch, Government of West Bengal.

3. The petitioner contends that she is presently posted as Assistant Teacher in Bhatkunda Free Primary School, P.O. Srikrishnapur, District Uttar Dinajpur. The petitioner is suffering from gynaecological problems

and has minor cardiac problem. The petitioner has a minor daughter. The petitioner has to travel more than 248 k.m. up and down from her residence to attend her present place of posting. On 23rd October, 2024 the petitioner made a representation before the authority concerned with a prayer for transfer. However, the same is still pending for consideration. Hence, this writ petition.

4. Mr. Dipayan Kundu, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the Chairman, District Primary School Council, Uttar Dinajpur, respondent no.3 to consider the representation of the petitioner dated 23rd October, 2024..

5. Mr. Susanta Pal, learned Advocate for the State as well as Mr.

Kaushik Chowdhury, learned Advocate appearing on behalf the West Bengal Board of Primary Education leaves the matter to the discretion of this Court.

6. In view of the submissions advanced on behalf of the respective parties, the respondent No.3, the Chairman, District Primary School Council, Uttar Dinajpur is directed to consider and dispose of the representation of the petitioner dated 23rd October, 2024, in accordance with law, upon notice to the petitioner by passing a reasoned order, within a period of six weeks from the date of communication of this order, The reasoned is to be communicated to the petitioner

within one week from the date of passing of such reasoned order.

7. Learned advocate for the petitioner is directed to communicate this order to the respondent no.3, the Chairman, District Primary School Coucnil, Uttar Dinajpur.

8. With the above direction, the writ petition being WPA 1197 of 2025 stands disposed of.

9. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

10. Interim order, if any, stands vacated.

11. All connected applications, if any, stand disposed of.

12. There shall be no order as to costs.

13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

14. 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.)