Mamoni Saha v. State Of West Bengal And ORS.

22.01.2026 Sl. No.35(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 28315 of 2025 Mamoni Saha

Versus

The State of West Bengal & Ors.

Ms. Ankita Dey ...for the Petitioner.

Ms. Ipsita Banerjee, Mr. Aritra Ghosh ...for the State.

Mr. Avishek Prasad, Mr. Sourodeep Singha ... for the DPSC, Malda.

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 for her transfer to a school nearby her residence upon consideration of her representation dated 3rd November, 2025.

3.

The petitioner contends that she is an Assistant Primary Teacher of Khairtala Moharapara Primary School under Manikchak Circle, District- Malda. The petitioner joined in the said school on 16th February, 2017. The petitioner's service has been confirmed with effect from 16th February, 2019. The petitioner is suffering from several gynaecological diseases. The petitioner has to travel more than 80 kms. (up and down) to attend her school. There is also surplus teacher in the same school. On 3rd November, 2025,

the petitioner made a representation before the Chairman, District Primary School Council, Malda seeking transfer, but the same is still pending consideration. Hence, this writ petition.

4.

Ms. Ankita Dey, learned Advocate for the petitioner submits that specific direction be issued upon the Chairman, District Primary School Council, Malda to consider the representation of the petitioner dated 3rd November, 2025 for her transfer.

5.

Learned Advocate for the District Primary School Council, Malda submits that the matter be relegated to the appropriate authorities for taking a decision on the representation of the petitioner.

6.

Learned Advocate for the State submits that aspect of transfer of the primary teachers is controlled by the District Primary School Council. She files a report of the District Inspector of Schools (PE), Malda dated 18th December, 2025, which is taken on record. 7.

In view of such submissions advanced on behalf of the respective parties, respondent No.3, Chairman, District Primary School Council, Malda is directed to consider the representation of the petitioner dated 3rd November, 2025 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.3 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.3, Chairman, District Primary School Council, Malda, for necessary compliance.

11. With the above direction, the writ petition being WPA 28315 of 2025 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.)