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Calcutta High CourtWPA/18014/2024disposed

Sunita Rajak v. State Of West Bengal And ORS.

2026-06-17Hon'Ble Justice Amrita Sinha3 pages

S/L 6 17.06.2026 Court No.18 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 18014 of 2024 Sunita Rajak Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ... for the Petitioner.

Mr. Aparna Banerjee, Ld. AGP Mr. Madhu Jana Mr. Atanu Basu Ms. Puja Sonkar ... for the State.

1.

The petitioner is serving in a Bengali medium school. She sought transfer from Purulia to Paschim Bardhaman. The West Bengal Board of Primary Education issued an order of transfer on April 13, 2022 transferring the petitioner to a Hindi medium school. The transferee school did not permit the petitioner to join due to mismatch of medium. 2.

From the documents annexed to the writ petition, it appears that the Secretary, DPSC, Paschim Bardhaman communicated to the Deputy Director of School Education (Rural Primary) and sought instruction with regard to the transfer which has been made to a school of a different medium. Since June 2022 there is no response from the end of the Deputy Director of School Education.

3.

As it appears that the initial order of transfer dated April 13, 2022 made by the Board is in a school which does not match the medium of the school in

which the petitioner is serving, accordingly, there is a requirement of revisiting the issue by the Board. 4.

Specific submission of the petitioner is that in one of the other schools where she opted for transfer, namely, Heavy Engineering Free Primary School Unit II vacancy is still available in Bengali medium. 5.

Petitioner prays for transferring her to a Bengali medium school.

6.

Considerable time has elapsed from the day the petitioner submitted her option disclosing names of schools where she intends to be transferred. Matching vacancies in such schools may not be available at present.

7.

Accordingly, the Court would not like to fix any school where the petitioner may be transferred. 8.

The Secretary, West Bengal Board of Primary Education is directed to take necessary information from DPSC, Paschim Bardhaman regarding schools with matching vacancies under the Durgapur Circle where the petitioner may be transferred.

9.

If any matching vacancy in terms of the application for transfer made by the petitioner is available, the same shall be intimated to the petitioner within a month from the date of communication of this order. Necessary consequential steps shall be taken by the respondent authority to give effect to the transfer within a fortnight thereafter.

10.

In the event matching vacancies in the Durgapur Circle is not available, the same shall be intimated to

the petitioner for taking further necessary steps in the matter. In that case vacancies in the other Circles in the District of Paschim Bardhaman may be made known to the petitioner.

11.

Leave is granted to the advocate on record of the petitioner to implead the Secretary, West Bengal Board of Primary Education as party respondent in the instant writ petition.

12.

The formality of serving copy of the writ petition upon the added respondent stands dispensed with as the Board is already represented by the learned counsel.

13.

The writ petition is disposed of.

14.

Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

(Amrita Sinha, J.)