Baki Billah v. State Of West Bengal And ORS.

16.04.2026 Sl. No.23(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 21824 of 2025 Baki Billah

Versus

The State of West Bengal & Ors.

Mr. Shamimul Bari, Ms. Jonaki Saha, Ms. Asmita Mitra ...for the Petitioner.

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

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

Md. Zakir Hossain ...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 Uttar Dinajpur to the district of North 24Parganas on self-medical ground as well as medical ground of his wife upon consideration of his representation dated 11th August, 2025.

3.

The petitioner contends that he joined as an Assistant Teacher in Kodaldaha FP School, under Islampur South Circle, District-Uttar Dinajpur on 7th August, 2021. The petitioner is confirmed in service with effect from 7th August, 2023. The petitioner's residence is

more than 500 kms. away from his present place of posting. The petitioner is suffering from Lumber Degeneration with posteriorly protruded L5-S1. The wife of the petitioner had undergone operative measure in the year 2022, namely Laparoscopic Hysterectomy with bilateral Salpingo Ophorectomy. On 11th August, 2025, the petitioner made a representation seeking transfer before the concerned authority, however, the same is still pending consideration. Hence, this writ petition.

4.

Mr. Shamimul Bari, learned Advocate for the petitioner submits that the matter may be relegated to the appropriate authority for due consideration. 5.

Learned Advocates for the appearing respondents submit that the disease of the petitioner is not listed one. However, the representation may be relegated to the appropriate authority for due consideration. 6.

In view of such submissions advanced on behalf of the respective parties, the respondent No.7, 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 reasoned order shall be communicated to the petitioner within a week from the date of passing of such order.

8.

The respondent No.7 is granted liberty to seek for medical examination of the petitioner, if so required 9.

Learned advocate for the petitioner is directed to communicate this order to the respondent No.7, Secretary, West Bengal Board of Primary Education, for necessary compliance.

10. With the above direction, the writ petition being WPA 21824 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.)