Lipika Sarkar v. State Of West Bengal And ORS.

15.01.2026 Sl. No.17(DL) Ct. No.14 (gc)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 19855 of 2025 Lipika Sarkar

Versus

The State of West Bengal & Ors.

Mr. Santanu Maji, Ms. Debrani Mondal ...for the Petitioner.

Mr. Avishek Prasad ... for the DPSC, Malda.

Mr. Ratul Biswas, Mr. Kaushik Chowdhury ...for the WBBPE.

Ms. Sinthia Bala, Mr. Rajsekhar Basu ...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 direction upon the respondent authorities to grant transfer to the petitioner to any school nearby to her residence from District of Malda to District of North 24Parganas and to consider her representation dated 28th July, 2025.

3. The petitioner contends that she is an Assistant Teacher of Ainuddin Ajijtola Primary School, Village - Ajijtola, P.O.- Bilaimari, P.S.- Ratua, District - Malda. The petitioner joined the said school on 27th July, 2021. The petitioner has to travel 660 Kms up and down to attend her school. The petitioner is suffering

from severe gynaecological problems. The petitioner made a representation on 28th July, 2025 before the Secretary, West Bengal Board of Primary Education for her transfer. However, the same is still pending consideration. Hence, this writ petition.

4. Mr. Santanu Maji, learned Advocate for the petitioner submits that the matter be relegated to the appropriate authority to consider and decide the representation of the petitioner.

5. Mr. Ratul Biswas, learned Advocate for the West Bengal Board of Primary Education also concedes to such submissions.

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

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

8. The respondent No.4 can seek for medical examination of the petitioner before considering the representation, if so required.

9. Learned Advocate for the petitioner is directed to communicate this order to the respondent No.4,

Secretary, West Bengal Board of Primary Education, for necessary compliance.

10. With the above direction, the writ petition being WPA 19855 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.)