Kalyanmoy Dakua v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 25.03.2026 Sl. No.32 tkm W. P. A. 460 of 2026 [Kalyanmoy Dakua -Vs- State of West Bengal & Ors.] Mr. J C Roy Mr. D Roy Mr. Hrishikesh Roy ... ... for the petitioner Mr. Nabankur Paul Mr. Kumar Santanu ... for the State Mr. Mousumi Bhowal ... for DPSC Coochbehar 1.

The affidavit of service is taken on record.

2.

The petitioner has preferred the present petition alleging inaction on the part of the respondent authorities in not considering the petitioner's application dated 24.2.2026 seeking transfer from Barovita GSF Primary School, Coochbehar to any nearby school situated close to his residence.

3.

Learned counsel for the petitioner submits that the petitioner has been working as an assistant teacher at Barovita GSF Primary School since 19.2.2021.

4.

Learned counsel for the petitioner submits that the petitioner resides at Coochbehar which is about 49 kms away from her school.

The petitioner is compelled to travel 98 kms.

to and fro to attend her school. It is further submitted that the present school of the petitioner has a student count of approximately 80 students and the teachers are a total of five. In this regard, it is categorically stated that the petitioner is at present surplus teacher in the said school and as such there will be no problem with regard to pupil-teacher ratio if the petitioner is transferred to any other school.

Considering the facts and circumstances as aforesaid, the petitioner applied for intradistrict general transfer on the ground of surplus teacher and distance, vide letter dated 24.2.2026.

5.

Learned counsel for the respondent submits the competent authority has no objection if the representation submitted by the petitioner is considered and decided in accordance with law.

6.

Learned counsel for the petitioner submits that the petitioner shall be satisfied if the said representation is considered and decided within a time bound manner.

7.

Having considered the submissions advanced by the learned counsel for the parties and without entering into the merit of the claim of

the petitioner, the present petition is disposed of by directing the respondent no. 6 to consider the petitioner's representation dated 24.2.2026 in accordance with law and the relevant rules s passing a reasoned and speaking order within a period of eight weeks from the date of communication of this order. 8.

It is made clear that this court has not expressed any opinion on the merits of the petitioner's claim and all issues are kept open to be decided by the competent authority in accordance with law.

9.

With the above directions, the present writ petition stands disposed of.

(Gaurang Kanth, J.)