Sumita Roy v. State Of West Bengal And ORS.

22.01.2026 Sl. No.17 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/19836/2025 SUNITA ROY VS STATE OF WEST BENGAL AND ORS.

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

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

Mr. Bhaskar Prasad Vaisya Mr. Gourav Das Ms. Tapati Sarkar ...for DPSC, South 24-Parganas.

1.

On the prayer of the learned advocate for the petitioner, leave is granted to correct the name of the petitioner in the cause-title as "Sumita Roy" in place of "Sunita Roy" and the name of the school appearing in the cause-title under respondent no.10 as well as in paragraph no.2 as "Indrapur" in place of "Indra". 2.

Affidavit of service filed by the petitioner is taken on record.

3.

By the present writ petition the petitioner seeks direction upon the respondent authorities to grant transfer in her favour from the District of South-24Parganas to any school under Bongaon-I Circle under District Primary School Council, North 24-Parganas.

4.

The petitioner contends that she is an Assistant Teacher in Indrapur Banabihari F.P. School. The petitioner joined in the school on 20th July, 2021. The service of the petitioner has been confirmed on 20th July, 2023 The petitioner is suffering from chronic gynaecological disease and other medical issues. The petitioner has to travel a long distance to attend her school. On 9th May, 2025 the petitioner made a representation before the concerned authority seeking transfer. However, the same is still pending consideration. Hence this writ petition.

5.

Mr. Shuvro P. Lahiri, learned advocate appearing for the petitioner submits that the appropriate authority be directed to consider the representation of the petitioner for her transfer in accordance with law. 6.

Mr. Ratul Biswas , learned advocate appearing for the West Bengal Board of Primary Education submits that the representation of the petitioner dated 9th May, 2025 be directed to be considered by the Chairman, District Primary School Council, South 24-Parganas.

7.

Learned advocate for the State leaves the matter to the discretion of the Court.

8.

In view of the submissions advanced on behalf of the respective parties, respondent no.4, Secretary West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 9th May, 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.

9.

The reasoned order shall be communicated to the petitioner within one week from passing thereof. 10.

Respondent no.4 is granted liberty to seek medical examination of the petitioner before considering such representation, if required.

11.

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

12.

With the aforesaid directions, the writ petition being WPA 19836 of 2025 stands disposed of.

13.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 14.

Interim order, if any, stands vacated.

15.

All connected applications, if any, stand disposed of. 16.

There shall be no order as to costs.

17.

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

18.

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.)