Selim Khan v. State Of West Bengal And ORS.

23.04.2026 Sl. No.45 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 25833 of 2025 Selim Khan

Versus

The State of West Bengal & Ors.

Mr. Santanu Maji Mr. Debarani Mondal ...for the Petitioner.

Mr. Bhaskar Prasad Vaisya Mr. Gourav Das Ms. Tapati Sarkar ...for the DPSC, South 24-Parganas.

Mr. Ratul Biswas Mr. Kaushik Chowdhury ... for the WBBPE Mr. Ranjan Saha ... for the DPSC, Pachim Medinipur Mr. Tapan Kumar Ray ... 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 South 24-Parganas to a school in the District of Paschim Medinipur on spouse's medical ground. 3.

The petitioner contends that he joined as an Assistant Teacher in Purba Alampur F.P. School, Village & P.O. Alampur Police Station Nodakhali, District South 24Parganas on 19th July, 2021. The petitioner is confirmed in service with effect from 19th July, 2023.

The wife of the petitioner is suffering from gynaecological deiseases including Polycystic Ovary Syndrome (PCOS). The house of the petitioner is situated about 193 kilometers away from his present place of posting. On 27th October, 2025 the petitioner made a representation before the authority concerned for his 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 his 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 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.4, the Secretary, West Bengal Board of Primary Education, is directed to consider the representation of the petitioner dated 27th October, 2025 and dispose of the same by passing a reasoned order, in accordance with law, subject to production of medical reports, 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.4, the Secretary, West Bengal Board of Primary Education. 9.

With the above direction, the writ petition being WPA 25833 of 2025 stands disposed of.

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

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.)