Sudha Ram v. State Of West Bengal And ORS.

07.05.2026 Sl. No.95 Ct. No.14 ss

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 29512 of 2025 Sudha Ram

Versus

The State of West Bengal & Ors.

Ms. Ankita Dey ...for the Petitioner.

Mr. Avishek Prasad ...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 for direction upon the respondent authority to grant her intra district transfer to any school nearby her residence upon consideration of her representation dated 17th October, 2025 on medical ground.

3.

The petitioner contends that she joined as an Assistant Teacher in Kalpechi Primary School, under Habibpur Circle, District Malda on 7th July, 2010. The petitioner has been confirmed in service on 7th July, 2012. The petitioner's house is situated 47 kilometers away from her present place of posting. The petitioner is suffering from various gynaecological disorder namely, bilateral hemorrhagic cyst. The petitioner made representation on 17th October, 2025 before the concerned authority seeking transfer. However, the same is still pending consideration. Hence, this writ petition.

4.

Ms. Ankita Dey, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the Chairman, District Primary School Council, Malda, respondent no.3, to consider the representation of the petitioner dated 17th October, 2025.

5.

Learned Advocate appearing on behalf of the District Primary School Council, Malda leaves the matter to the discretion of the Court.

6.

In view of the submissions advanced on behalf of the respective parties, the respondent No.3, the Chairman, District Primary School Council, Malda is directed to consider the representation of the petitioner dated 17th October, 2025 and dispose of the same by passing a reasoned order, in accordance with law, upon notice to the petitioner, within a period of ten weeks from the date of communication of this order.

7.

The respondent No.3, the Chairman, District Primary School Council, Malda shall be at liberty to seek for medical examination of the petitioner before considering the representation of the petitioner. 8.

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

9.

Learned advocate for the petitioner is directed to communicate this order to the respondent no.3, the Chairman, District Primary School Council, Malda.

10. With the above direction, the writ petition being WPA 29512 of 2025 stands disposed of.

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.)