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Calcutta High CourtWPA/28651/2025disposed

Anuradha Sarkar v. State Of West Bengal And ORS.

2026-01-29Hon'Ble Justice Bivas Pattanayak3 pages

29.01.2026 Sl. No.35 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/28651/2025 ANURADHA SARKAR VS STATE OF WEST BENGAL AND ORS.

Ms. Ankita Dey ...for the Petitioner.

Mr. Sudipta Panda Mr. Sujoy Ash ...for the State.

Mr. Avishek Prasad ...for DPSC, Malda.

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 intra district transfer to the petitioner to a school nearby her residence.

3.

The petitioner contends that the she is an Assistant Teacher of Khordohil Primary School, Malda under Gazole North Circle. The petitioner joined in the school on 14th February, 2017. The service of the petitioner has been confirmed with effect from 14th February, 2019. The petitioner has a minor child who is suffering from inter-atrial septal defect and has to be treated at Nimhans Hospital, Bengaluru and St. John's Medical College and Hospital. The petitioner has to travel 76 Kilometers (up and down) in order to attend her school.

On 18th August, 2025 the petitioner made a representation before respondent no.3, Chairman, District Primary School Council Malda seeking transfer. However, the same is still pending consideration. Hence this writ petition.

4.

Ms. Ankita Dey, learned advocate appearing for the petitioner submits that the matter be relegated to appropriate authority for consideration of the representation of the petitioner for her transfer in accordance with law.

5.

Mr. Avishek Prasad, learned advocate appearing for the District Primary School Council Malda and learned advocate for the State concedes to such submission. 6.

In view of the 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 18th August, 2025 and dispose of the same in accordance with law by passing a reasoned order upon notice to the petitioner 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.3, Chairman, District Primary School Council Malda, for necessary compliance.

9.

With the aforesaid directions, the writ petition being WPA 28651 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.)