Nayan Singha v. State Of West Bengal And ORS.
07.05.2026 Item No. 278 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 5457 of 2026 Nayan Singha vs.
State of West Bengal & ors.
Ms. Ankita Dey ... for the petitioner Mr. Avishek Prasad ... for the DPSC, Malda 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 his residence upon consideration of the representation of the petitioner dated 26th February, 2026.
3.
The petitioner contends that he is an Assistant Teacher of Kamlabari Primary School under Kariali Circle. The petitioner joined the said school on 19th February, 2021. The petitioner has been confirmed in the service with effect from 19th February, 2023. The petitioner's wife is suffering from various gynecological diseases including dysfunctional uterine bleeding, umbilical hernia and fatty liver. The petitioner's house is 90 kms. away from the said school. On 26th February, 2026, the petitioner made a representation before respondent no. 4, the
Chairman, District Primary School Council, Malda seeking his transfer. However, the same is still pending consideration. Hence this writ petition. 4.
Ms. Ankita Dey, learned advocate appearing for the petitioner submits that the matter be relegated to the appropriate authority for consideration of the representation of the petitioner seeking transfer. 5.
Mr. Avishek Prasad, learned advocate appearing for the respondent District Primary School Council, Mada leaves the matter to the discretion of the Court.
6.
In view of the submissions advanced by the respective parties, respondent no. 4, the Chairman, District Primary School Council, Malda is directed to consider the representation of the petitioner dated 26th February, 2026 and dispose of the same by passing a reasoned order in accordance with law, subject to production of medical documents, upon notice to the petitioner, within a period of eight weeks from the date of communication of this order. 7.
The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order. Respondent no. 4, the Chairman, District Primary School Council, Malda is granted liberty to seek for medical examination of the petitioner's wife, if so required, prior to consideration of the representation of petitioner.
8.
The petitioner is directed to communicate this order to respondent no. 4, the Chairman, District Primary School Council, Malda for necessary compliance. 9.
With the above directions, the writ petition being no. WPA 5457 of 2026 stands disposed of.
10.
Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted.
11.
Consequently, connected applications, if any, also stand disposed of.
12.
Interim orders, if any, stand vacated.
13.
There will be no order as to costs.
14.
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Bivas Pattanayak, J.)