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Calcutta High CourtWPA/351/2026disposed

Dipak Saha v. The State Of West Bengal And ORS

2026-03-17Hon'Ble Justice Gaurang Kanth3 pages

17.03.2026 In The High Court at Calcutta Ct. No. 5 Circuit Bench at Jalpaiguri Sl. No.18 akd W. P. A. 351 of 2026 [Dipak Saha -Vs- The State of West Bengal & Ors.] Mr. Sudip Ghosh Chowdhury Mr. Soumyajit Laskar ... ... for the petitioner Mr. Sunit Kumar Roy ... for respondent no.4 [West Bengal Central School Service Commission] Mr. Pretom Das Ms. Kanika Saha Sarkar ... ... for the State 1.

Affidavit-of-service filed in court today is taken on record.

2.

The Petitioner preferred the present writ Petition alleging inaction on behalf of the Respondent authorities in not considering the Petitioner's application dated 12.02.2026 for transfer from Marakhata Jetmal High School, Dist. Jalpaiguri. 3.

Learned Counsel for the Petitioner submits that the Petitioner was appointed as a Assistant Teacher in Sanskrit under general category vide appointment letter dated 14.12.2010 at Marakhata Jetmal High School, Dist. Jalpaiguri. 4.

Learned Counsel for the Petitioner submits that she is residing 45 km away from her working place. She is having 2 minor children. She is facing difficulty in commuting 90 Km on daily basis. In view thereof, she applied for the transfer from Marakhata Jetmal High School, Dist. Jalpaiguri to any nearby schools through ofline mode vide application dated 12.02.2026.

5.

The petitioner's application for transfer filed Offline in the prescribed format is pending consideration at the end of the school authority.

6.

In view of the above, the instant writ petition stands disposed of directing the head of the institution to consider the same in accordance with the prevailing transfer rules and if the prayer of the petitioner is allowed then necessary steps to forward the application of the petitioner to the District Inspector of Schools (SE), Alipurduar in accordance with law at the earliest but positively within a period of eight weeks from the date of communication of this order. 7.

The District Inspector of Schools shall take consequential necessary steps in the matter at the earliest but positively within a period of eight weeks from the date of receipt of all documents from the school.

8.

If the application of the petitioner for transfer is allowed, then necessary consequential steps shall be taken without any further delay.

9.

The fate of the petitioner's application shall be made known to the petitioner.

10.

The respondent authority shall act on the basis of the hard copy of the document forwarded by the petitioner despite suspension of the UTSHASREE portal.

11.

With the aforesaid directions, the present writ petition is disposed of.

12.

Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted.

13.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Gaurang Kanth, J.)