Manabendra Ray Sarkar v. The State Of West Bengal And ORS.

Item No.51 14.01.2026 Court. No. 2 GB CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JURISDICTION WPA 88 of 2026 Manabendra Ray Sarkar VS The State of West Bengal & Ors.

Ms. Bedashruti Bose, Mr. Subham Chandra ... for the Petitioner.

Mr. Hirak Barman, Mr. Sourav Sarkar ... for the State.

1. Affidavit-of-service filed in Court today, is taken on record.

2. Despite service, none appears on behalf of the District Primary School Council. Ms. Mousumi Bhowal, learned advocate who usually appears for the DPSC, is requested to appear in this matter. Her appearance shall be regularized.

3. The petitioner prays for transfer on medical grounds. At present the petitioner is discharging his duties as an Assistant Teacher in Abuarpathar G.P. School. On November 2, 2023, the petitioner suffered a severe heart attack and had to undergo extensive medical treatment. The illness of the petitioner persists. Accordingly, the petitioner prayed for transfer on the ground of health and distance, as his place of posting is around 33 kms. away from his residence.

4. The writ petition is disposed of with a direction upon the Chairman, District Primary School Council, Cooch Behar to treat the writ petition as a representation of the petitioner for transfer and dispose of the same in accordance with law, on the basis of the documents which have been annexed to the writ petition. A reasoned order shall be passed and communicated.

5. The entire exercise shall be completed within a period of eight weeks from the date of communication of this order. The petitioner shall be granted an opportunity of being heard and to be permitted to produce all his medical records before the authority to substantiate his situation.

6. Accordingly, the writ petition is disposed of.

7. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)