Parbati Murmu v. The State Of West Bengal And ORS
10.06.2026 Sl. No.4 Ct. No.6 ss
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 660 of 2026 Parbati Murmu
Versus
The State of West Bengal & Ors.
Mr. Shuvro Prokash Lahiri Mr. Debajit Kundu ...for the Petitioner.
Ms. Supriya Singh Ms. Esha Acharya ...for the State.
Mr. Sunit Kr. Roy (through virtual mode) ... for the WBCSSC 1.
By the present writ petition the petitioner seeks for setting aside and/or quashing of the memorandum dated 12th February, 2026 issued by the District Inspector of Schools (SE), Jalpaiguri, respondent no.5 and not to give any further effect to the said memorandum.
2.
The petitioner contends that she joined as an Assistant Teacher in Kukurjan Girls' High School on 24th January, 2020. The service of the petitioner was duly approved by the concerned authority on 28th February, 2020.
The petitioner's residence is about 555 kilometers away from her present place of posting. Since the Utsashree portal for transfer has been suspended
temporarily, on 5th December, the petitioner made offline application seeking transfer. The application of the petitioner was forwarded to the District Inspector of Schools (SE), Jalpaiguri, respondent no.5 by the concerned school authority on 9th December, 2025. The District Inspector of Schools (SE), Jalpaiguri did not consider such prayer of the petitioner, forwarded by the school authority for transfer, on the ground that Utsashree portal has been temporarily suspended. Being aggrieved by such action on the part of the respondent no.5, the District Inspector of Schools (SE), Jalpaiguri, the petitioner has preferred the present writ petition.
3.
Mr. Shuvro Prokash Lahiri, learned Advocate for the petitioner submits that mere suspension of facilities and/or access cannot ipso facto repeal the statutory provisions nor can curtail such statutory right and therefore, it is obligatory on the part of the District Inspector of Schools (SE), Jalpaiguri to process the offline application of the petitioner seeking transfer. To buttress his contention he relies on the decision of the Hon'ble Division Bench passed in Mithun Roy Vs. The State of West Bengal & ors. (Re: MAT 1706 of 2024). He seeks for consideration of the prayer of the petitioner for transfer.
4.
Mr. Sunit Kumar Roy, learned Advocate for the West Bengal Central School Service Commission appearing through virtual mode concedes to the submission advanced on behalf of the petitioner. 5.
Ms. Supriya Singh, learned Advocate appearing on behalf of the State leaves the matter to the discretion of this Court.
6.
Upon hearing the respective parties, the only issue which falls for consideration is whether the impugned letter dated 12th February, 2026 issued by the District Inspector of Schools (SE), Jalpaiguri, respondent no.5 is sustainable or not.
7.
Upon perusal of the impugned letter dated 12th February, 2026 it is found that the application of the petitioner seeking transfer has not been considered by the District Inspector of Schools (SE), Jalpaiguri on the ground that Utsashree portal has been temporarily suspended by the School Education Department till 30th June, 2024 or until further order.
8.
At this stage, it would be profitable to reproduce the relevant portion of the judgement of the Hon'ble Division Bench passed in Mithun Roy (supra) as follows:
"9. Mere suspension of the facilities and/or access cannot ipso facto repeal the statutory provisions nor can curtail such statutory right and therefore, it is obligatory on the part of the State to take a conscious decision on the application made by the appellant.
Even if the portal is suspended, there is no difficulty on the part of the State or the Commission to take a printout of the said application and can process the same manually strictly in terms of the statutory Rules and/or Act provided in this regard."
9.
Bearing in mind the aforesaid observation of the Hon'ble Division Bench the impugned letter of respondent no.5, the District Inspector of Schools (SE), Jalpaiguri dated 12th Ferbruary, 2026 is hereby set aside.
10. The District Inspector of Schools (SE), Jalpaiguri, respondent no.5 is directed to consider the offline application of the petitioner dated 5th December, 2025 seeking transfer within a period of six weeks from the date of communication of this order and if the petitioner is found eligible shall take all consequential steps by forwarding the same to the West Bengal Central School Service Commission for further action within the aforementioned period. All further consequential steps shall be taken by the West Bengal Central School Service Commission within a period of four weeks from the date of receipt of such communication from the District Inspector of Schools (SE), Jalpaiguri.
11. With the above direction, the writ petition being WPA 660 of 2026 stands disposed of.
12. Petitioner is directed to communicate this order to the District Inspector Schools (SE), Jalpaiguri, respondent no.5 for necessary compliance.
13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
14. Interim order, if any, stands vacated.
15. All connected applications, if any, stand disposed of.
16. There shall be no order as to costs.
17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
18. 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.)