Sahabuddin Shaikh v. State Of West Bengal And ORS.

23.04.2026 Sl. No.46 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 26013 of 2025 Sahabuddin Shaikh

Versus

The State of West Bengal & Ors.

Ms. Priyanka Saha Mr. Suman Mukherjee ...for the Petitioner.

Mr. Vijay Agarwal ... for the State Md. Sarwar Jahan Ms. Tapati Sarkar ...for the DPSC, Murhidabad.

1.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

2.

By the present writ petition, the petitioner seeks for direction upon the respondent authority to grant him intra district transfer to any school nearby his residence upon consideration of his representation dated 15th October, 2025 on medical ground of his wife.

3.

The petitioner contends that he joined as an Assistant Teacher in 09 Sikarpur Prinary School, under Farakka Circle, District Murshidabad on 30th September, 2019. The petitioner has been confirmed in service with effect from 30th September, 2021. The petitioner's house is situated 80 kilometers away from his present place of posting. The wife of the petitioner is suffering from

various gynecological problems. On 15th October, 2025 the petitioner made a representation for his transfer before the concerned authority. However, the same is still pending consideration. Hence, this writ petition. 4.

Ms. Priyanka Saha, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the Chairman, District Primary School Council, Murshidabad, respondent no.6, to consider the representation of the petitioner dated 15th October, 2025.

5.

Learned Advocates appearing on behalf of the District Primary School Council, Murshidabad as well as West Bengal Board of Primary Education and State 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.6, the Chairman, District Primary School Council, Murshidabad is directed to consider the representation of the petitioner dated 15th October, 2025 and dispose of the same by passing a reasoned order, in accordance with law, subject to production of medical report, upon notice to the petitioner, within a period of ten weeks from the date of communication of this order.

7.

The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order.

8.

Learned advocate for the petitioner is directed to communicate this order to the respondent no.6, the Chairman, District Primary School Council, Malda. 9.

With the above direction, the writ petition being WPA 26013 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.)