Nazneen Biswas v. State Of West Bengal And ORS.
05.02.2026 Sl. No.7(DL) Ct. No.14 srm
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 26741 of 2024 Nazneen Biswas
Versus
The State of West Bengal & Ors.
Mr. Himadri Sikhar Chakraborty, Ms. Priyanka Chandra ...for the Petitioner.
Mr. Ratul Biswas, Mr. Kaushik Chowdhury ...for the WBBPE.
Ms. Rupsha Chakraborty, Mr. Srikanta Paul ...for the State.
Mr. Biswasbrata Basu Mallick, Mr. Amman Arif Ansari ...for the DPSC, Uttar Dinajpur.
1.
On the prayer of the learned Advocate for the petitioner, leave is granted to implead Secretary, West Bengal Board of Primary Education as added respondent No.9.
2.
Affidavit-of-service filed on behalf of the petitioner is taken on record.
3.
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 Murshidabad upon consideration of her representation dated 6th February, 2024.
4.
The petitioner contends that she is an Assistant Teacher of Kamalgaon Free Primary School, under Islampur South Circle, District-Uttar Dinajpur. The
petitioner joined the said school on 9th August, 2021. The petitioner has been confirmed in the service. the petitioner is suffering from polycystic ovarian disease and pelvic inflammatory disease and she also had abortion recently. The husband of the petitioner is 40% disabled. The distance between the residence and the school is 344 kms. On 6th February, 2024, the petitioner made a representation before the President, West Bengal Board of Primary Education seeking inter-district transfer, however, the same is still pending consideration. Hence, this writ petition. 5.
Mr. Himadri Sikhar Chakraborty, learned Advocate for the petitioner submits that the matter may be relegated to the appropriate authority for considering and deciding the representation of the petitioner 6th February, 2024.
6.
Learned Advocates for the respondents leave the matter to the discretion of the Court.
7.
In view of such submissions advanced on behalf of the respective parties, respondent No.9, Secretary, West Bengal Board of Primary Education is directed to consider the representation of the petitioner dated 6th February, 2024 and dispose of the same by passing a reasoned order, in accordance with law, upon notice to the petitioner within a period of eight weeks from the date of communication of this order.
8.
The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order.
9.
The respondent No.9 can seek for medical examination of the petitioner before considering the said representation, if so required.
10. Learned advocate for the petitioner is directed to communicate this order to respondent No.9, Secretary, West Bengal Board of Primary Education, for necessary compliance.
11. With the above direction, the writ petition being WPA 26741 of 2024 stands disposed of.
12. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
13. Interim order, if any, stands vacated.
14. All connected applications, if any, stand disposed of.
15. There shall be no order as to costs.
16. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
17. 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.)