Minhajuddin v. State Of West Bengal And ORS.

3.

3.

(DL) (DL) 15.07.2025 15.07.2025 Ct. No. 18 (ARPAN)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 10617 OF 2025 Minhajuddin Vs.

The State of West Bengal & Others Mr. Robiul Islam, Adv.

Mr. Masooq Rahman, Adv.

...for the Petitioner Mr. Vijay Agarwal, Adv.

Mr. Prashant Kumar Tripathi, Adv.

...for the State Mr. Ratul Biswas, Adv.

Mr. Kaushik Chowdhury, Adv.

...for W.B.B.P.E.

Md. Sarwar Jahan, Adv.

SK. Nayeemul Hoque, Adv.

Ms. Tapati Sarkar, Adv.

...for D.P.S.C., Murshidabad 1.

Petitioner being a Primary Teacher has made an application for inter-district transfer on medical ground but fact remains petitioner has not completed five years of service as confirmed teacher.

2.

On perusal of the writ petition, it appears that petitioner joined the post of Primary Teacher on 24th July, 2021 and transfer application of the petitioner was received by the authority on 17th March, 2025 as it appears from page 20 of the writ petition. Therefore, it appears that petitioner before completing five years of confirmed service applied for transfer.

3.

Issue was considered by this Court in the writ petition being WPA 7329 of 2025 (Priyanka Sarkar vs. The

State of West Bengal & Ors.) and an order was passed on 22nd April, 2025 deciding that a Primary Teacher not having completed five years of confirmed service is not eligible to pray for transfer from one school to another.

4.

Placing reliance on Priyanka Sarkar (supra) present writ petition stands dismissed.

5.

However, this order shall not preclude the petitioner to apply for transfer, in accordance with law, after completing five years of confirmed service.

6.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)