Mafujur Rahaman v. State Of West Bengal And ORS.

21.05.2026 Sl. No.37 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/25796/2025 MAFUJUR RAHAMAN VS STATE OF WEST BENGAL AND ORS.

Mr. Komal Singh Mr. Suman Mukherjee ...for the Petitioner.

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

Mr. Biswabrata Basu Mallick ...for DPSC, Hooghly.

1.

Affidavit of service filed by 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 district of Hooghly to district of Murshidabad on medical ground of the spouse.

3.

The petitioner contends that he joined as an Assistant Teacher in Banamalipur Dakshin Para Primary Jr. Basic School (c-70) under Chanditala North Circle, District-Hooghly on 20th July, 2021. The petitioner has been confirmed in service with effect from 20th July, 2023. The petitioner's wife is suffering from severe gynecological problems, namely, Nabothian cyst in cervix and marginally bulky ovaries. On 1st

September, 2025 the petitioner made a representation before the concerned authority seeking transfer. However, the same is still pending consideration. Hence this writ petition.

4.

Mr. Komal Singh, learned advocate appearing for the petitioner submits that the matter may be relegated to appropriate authority for consideration of the representation of the petitioner for her transfer in accordance with law.

5.

Learned advocates appearing for the West Bengal Board of Primary Education and DPSC, Hooghly leave the matter to the discretion of the Court.

6.

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 1st September, 2025 and dispose of the same by passing a reasoned order in accordance with law upon notice to the petitioner subject to production of relevant medical papers within a period of eight weeks from the date of communication of this order.

7.

The reasoned order shall be communicated to the petitioner within one week from passing thereof. 8.

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.

9.

With the aforesaid directions, the writ petition being WPA 25796 of 2025 stands disposed of.

10.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 11.

Interim order, if any, stands vacated.

12.

All connected applications, if any, stand disposed of. 13.

There shall be no order as to costs.

14.

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

15.

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.)