Nipa Chakraborty Ganguly v. State Of West Bengal And ORS.
07.05.2026 Sl. No.190 Ct. No.14 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 3438 of 2026 Nipa Chakraborty Ganguly
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.
On the prayer of the learned Advocate for the petitioner, leave is granted to make necessary correction in paragraph 3 of the writ petition. 3.
By the present writ petition, the petitioner seeks direction upon the respondent authority to grant her intra district transfer to any school nearby her residence upon consideration of her representation dated 6th January, 2026 on medical ground.
4.
The petitioner contends that she joined as an Assistant Teacher in Saranga Free Primary School, under Khandaghosh-I Circle, District Purba Bardhaman on 12th July, 2010. The petitioner has been confirmed in service on 12th July, 2012. Thereafter, the petitioner was transferred to Pritambarpur F.P. School under
Khandaghosh-I Circle, District Purba Bardhaman where she joined on 12th September, 2013. The petitioner's house is situated 45 kilometers away from her present place of posting. The petitioner is suffering from Polycystic ovarian diseases with poly menoxtures diseases with Bulky Uterus and other gynaecological problem. On 6th January, 2026 the petitioner made a representation for her transfer before the concerned authority.
However, the same is still pending consideration. Hence, this writ petition.
5.
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 6th January, 2026.
6.
Learned Advocate appearing on behalf of the District Primary School Council, Purba Bardhaman leaves the matter to the discretion of the Court.
7.
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 6th January, 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.
8.
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. 9.
The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order.
10. Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the Chairman, District Primary School Council, Purba Bardhaman.
11. With the above direction, the writ petition being WPA 3438 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.
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.)