Sonali Khatun v. The State Of West Bengal And ORS.

29.01.2026 Sl. No.9 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE , W.P.A. No. 17869 of 2025 Sonali Khatun

Versus

The State of West Bengal & Ors.

Mr. Somesh Kr. Ghosh Mr. Suman Mukherjee ...for the Petitioner.

Md. Sarwar Jahan Sk. Nayeemul Hoque Ms. Tapati Sarkar ...for the DPSC, Murshidabad.

Mr. Ratul Biswas Mr. Kaushik Chowdhury ... for the WBBPE Mr. B.P. Vaisya Mr. Gourav Das ... for the DPSC, South 24-Parganas Mr. Gourav Das Mr. Krishna Keshab Pal ... for the State 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 her inter-District transfer from District of South 24Parganas to District of Murshidabad. 3.

The petitioner contends that she joined as an Assistant Teacher in Masjidbati Parbati Free Primary School under Basanti Circle, District South 24-Parganas on 20th July, 2021. The petitioner is in continuous service in the said school without any interruption since in her joining. The petitioner is suffering from serious

gynaecological problems. The petitioner has also breathing problems and has been advised by her doctor to avoid long journey. The petitioner's school is situated about 297 kms away from the residence. In order to attend her school regularly, the petitioner has been staying in a rented accommodation. On 28th January, 2025 the petitioner made a representation before the Secretary, West Bengal Board of Primary Education, respondent no.4 for her transfer. However, the said representation is still pending for consideration. Hence, this writ petition.

4.

Mr.

Somesh Kumar Ghosh, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for her transfer in accordance with law.

5.

Learned Advocate for West Bengal Board of Primary Education as well as DPSCs concedes to such submission.

6.

In view of the submissions advanced on behalf of the respective parties, the respondent No.4, the Secretary, West Bengal Board of Primary Education, is directed to consider the representation of the petitioner dated 28th January, 2025 and dispose of the same by passing a reasoned order, in accordance with law, upon notice to the petitioner, within a period of eight weeks from the date of communication of this order.

7.

The respondent no.4 shall be at liberty to seek for medical examination of the petitioner before considering the representation of the petitioner, if so required.

8.

The reasoned order shall be communicated to the petitioner within one week from the date of passing of such order.

9.

Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the Secretary, West Bengal Board of Primary Education.

10. With the above direction, the writ petition being WPA 17869 of 2025 stands disposed of.

11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

12. Interim order, if any, stands vacated.

13. All connected applications, if any, stand disposed of.

14. There shall be no order as to costs.

15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

16. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)