Dilip Kumar Mandal v. State Of West Bengal And ORS.

jks 08.09.2025 WPA 17466 of 2025 Dilip Kumar Mondal Vs.

The State of West Bengal & Ors.

Ms. Ankita Dey ... ... for the Petitioner Mr. Avishek Prasad ... ... for the DPSC, Malda Affidavit of service filed today be kept with the record.

Learned counsel for the petitioner submits that the petitioner claims intra-district transfer from one school to another school on his spouse medical ground. The petitioner has submitted his representation dated May 24, 2025 at page 48 to the writ petition, but the same has not been considered.

In view of the above, the respondent no.3 upon issuing a prior hearing notice of at least seven days to the petitioner and after granting her an opportunity of hearing shall dispose of the representation dated May 24, 2025 strictly in accordance with law.

All the procedures laid down under the relevant rules shall have to be followed strictly for considering the representation.

The entire exercise shall be carried out and completed by the respondent no.3 and/or any other

relevant State authority positively within a period of eight weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioner within a period of two weeks from the date of the reasoned order to be passed.

In the event the reasoned order goes in favour of the petitioner, then the appropriate State authority shall take all necessary and consequential steps to give an immediate effect thereto but positively within a period of four weeks from the date of the reasoned order to be communicated to such authority.

It is made clear that, this Court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge all points she wishes to urge by relying upon whatever records and documents she wishes to rely upon before the respondent no.3 but not beyond the scope of the said representation dated May 24, 2025.

It is made clear that, this order shall not create any right or equity in favour of the petitioner if the petitioner does not succeed to her claim before the respondent no.4 strictly in accordance with law.

The Writ petition being WPA 17466 of 2025 is accordingly disposed of.

There will be no order as to costs.

Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been denied.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajarshi Bharadwaj, J.)