Manti Saha v. State Of West Bengal And ORS.

16.04.2026 Sl. No.16 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 21031 of 2025 Manti Saha

Versus

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Pritha Biswas Ms. Upasana Sarkar ...for the Petitioner.

Mr. Biswabrata Basu Mallick Mr. Biman Haldar Mr. Amman Arif Ansari ...for the DPSC, Uttar Dinajpur.

Mr. Ratul Biswas Mr. Kaushik Chowdhury ... for the WBBPE Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee ... for the DPSC, Nadia 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 inter-District transfer to the petitioner from the District of Uttar Dinajpur to a school in the District of Nadia. 3.

The petitioner contends that she joined as an Assistant Teacher in Bhabanipur Free Primary School, P.O. Maheshpur under Karandighi Circle, District Uttar Dinajpur on 2nd May, 2022. The petitioner has already completed 2 years of continuous service. The petitioner is suffering from serious health issue including

systemic sclerosis with ILD along with other serious medical ailments. The house of the petitioner is situated about 324 kilometers away from her present place of posting. On 18th August, 2025 the petitioner made a representation before the authority concerned for her transfer. However, the said representation is still pending consideration. Hence, this writ petition. 4.

Mr. Sudip Ghosh Chowdhury, 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 Advocates appearing on behalf of the West Bengal Board of Primary Education as well as respective District Primary School Councils leave the matter to the discretion of the Court.

6.

In view of the submissions advanced on behalf of the respective parties, the respondent No.2, the Secretary, West Bengal Board of Primary Education, is directed to consider the representation of the petitioner dated 18th August, 2025 and dispose of the same by passing a reasoned order, in accordance with law, upon notice to the petitioner, within a period of ten weeks from the date of communication of this order.

7.

The respondent No.2, the Secretary, West Bengal Board of Primary Education 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 is to 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.2, the Secretary, West Bengal Board of Primary Education.

10. With the above direction, the writ petition being WPA 21031 of 2025 stands disposed of.

11. It is made clear that this order is passed on special ground and shall not be treated as a precedent.

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

13. Interim order, if any, stands vacated.

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

15. There shall be no order as to costs.

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

17. 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.)