Subhadip Datta v. State Of West Bengal And ORS.
07.05.2026 Sl. No.186 Ct. No.14 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 3383 of 2026 Subhadip Datta
Versus
The State of West Bengal & Ors.
Mr. Gourav Das ...for the Petitioner.
Mr. Saibal Acharyya Mr. Tanweer J. Mondal ...for the DPSC, Purba Bardhaman.
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 authority to grant him intra district transfer to any school nearby his residence upon consideration of his representation dated 8th February, 2026 on medical ground.
3.
The petitioner contends that he joined as an Assistant Teacher in Mohanpur Manjubasini Free Primary School, under Jamalpur Circle, District Purba Medinipur on 18th April, 2017. The petitioner has been confirmed in service vide Memo No.3171/56 dated 15th December, 2020. Subsequent thereto the petitioner was transferred to Amtara F.P. School under Jamalpur Circle, District Purba Bardhaman for administrative convenience. The petitioner's house is situated 57 kilometers away from his present place of posting. The petitioner is suffering from various ailment particularly
serious orthopaedic problem in knee particularly right knee joint having grade-II meniscus tear with minimal fluid collection as well as he is also suffering from low blood count (a type of anaemia). The petitioner made several representations and lastly on 8th February, 2026 before the concerned authority seeking transfer. However, the same is still pending consideration. Hence, this writ petition.
4.
Mr. Gourav Das, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the Chairman, District Primary School Council, Purba Bardhaman, respondent no.4, to consider the representation of the petitioner dated 8th February, 2026.
5.
Learned Advocate appearing on behalf of the District Primary School Council, Purba Bardhaman leaves the matter to the discretion of the Court.
6.
In view of the submissions advanced on behalf of the respective parties, the respondent No.4, the Chairman, District Primary School Council, Purba Bardhaman is directed to consider the representation of the petitioner dated 8th February, 2026 and dispose of the same by passing a reasoned order, in accordance with law, upon notice to the petitioner, within a period of ten weeks from the date of communication of this order. 7.
The respondent No.4, the Chairman, District Primary School Council, Purba Bardhaman shall be at liberty to
seek for medical examination of the petitioner before considering the representation of the petitioner. 8.
The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order.
9.
Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the Chairman, District Primary School Council, Purba Bardhaman.
10. With the above direction, the writ petition being WPA 3383 of 2026 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.)