Sanghita Bera v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 05.08.2025 rkd W.P.A. 13014 of 2025 Ct.18 DM Sanghita Bera -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra, Ms. Pritha Biswas ....for the petitioner.

Mr. Saikat Chatterjee, Md. Hasanuz Zaman ....for the State.

Ms. Koyeli Bhattacharyya ....for the WBBSE.

Mr. Kanak Kiran Bandyopadhyay ....for the WBCSSC.

1.

Petitioner prays for transfer based on transfer application made on 12th June, 2022 on Utsashree portal.

2.

However, today it is submitted on behalf of the District Inspector of Schools (SE), Jhargram that petitioner remained absent in the school from 26th April, 2017 to 21st February, 2022 and thereafter joined the school on 22nd February, 2022.

3.

It is also disclosed on behalf of the concerned District Inspector of Schools (SE) that the period of unauthorized absence from 26th April, 2017 to 21st February, 2022 till date has not been regularized by the West Bengal Board of Secondary Education.

4.

To that extent a communication vide memo dated 20th June, 2025 enclosing the communication from the Teacher-in-Charge of the school is placed before the Court and same is taken on record. 5.

If period of service from 26th April, 2017 to 21st February, 2022 is not regularized by sanctioning leave by the concerned authority of West Bengal Board of Secondary Education in that event said period needs to be treated as break in service. 6.

After this break period upto 21st February, 2022 petitioner joined on 22nd February, 2022 and applied for transfer on 12th June, 2022 four months after joining the school.

7.

It needs to be recorded herein that previously three applications were made by the petitioner seeking transfer on the ground of distance which were not allowed which prompted the petitioner to make an application for transfer on medical ground. Moreover, unauthorized absence for a period of five years is not disclosed in this writ petition. 8.

Due to suppression of material fact, it appears that petitioner has not come to this Court with clean hands.

9.

Hence, the writ petition stands dismissed.

10. However, there shall be no order as to costs.

11. Urgent photostat certified copy of this order, if

applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)