Rita Biswas v. The State Of West Bengal Adn ORS.

16.04.2026 Sl. No.18 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 21132 of 2025 Rita Biswas

Versus

The State of West Bengal & Ors.

Mr. Santanu Maji Mr. Subhayu Das Ms. Debrani Mondal ...for the Petitioner.

Mr. Avishek Prasad ...for the DPSC, Malda Mr. Ratul Biswas Mr. Kaushik Chowdhury ... for the WBBPE Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee ... for the DPSC, Nadia Mr. Diptendu Narayan Banerjee Ms. Tanusri Chanda ... 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 inter-District transfer to the petitioner from the District of Malda to a school in the District of Nadia on her own medical ground.

3.

The petitioner contends that she joined as an Assistant Teacher in Babupur MGD Primary School, Village Budhia, P.O. Narhatta, P.S. English Bazar, District Malda on 19th July, 2021. The petitioner has been

confirmed in service with effect from 19th July, 2023. The petitioner is suffering from several gynaecological diseases. The house of the petitioner is situated about 273 kilometers away from her present place of posting. On 11th August, 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. Santanu Maji, 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.4, the Secretary, West Bengal Board of Primary Education, is directed to consider the representation of the petitioner dated 11th 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.4, 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.4, the Secretary, West Bengal Board of Primary Education.

10. With the above direction, the writ petition being WPA 21132 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.)