Mukti Roy(Barman) v. The State Of West Bengal And ORS

10.06.2026 Sl. No.6 Ct. No.6 ss

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 700 of 2026 Mukti Roy (Barman)

Versus

The State of West Bengal & Ors.

Mr. Sudip Ghosh Choudhury (through virtual mode) Mr. Soumyajit Laskar ...for the Petitioner.

Mr. Arijit Ghosh Ms. Esha Acharya ...for the State.

Mr. Sunit Kr. Roy (through virtual mode) ... for the WBCSSC 1.

Affidavit of service filed on behalf of the petitioner is taken on record.

2.

By the present writ petition the petitioner seeks direction upon the respondent authorities to consider the transfer application of the petitioner dated 6th April, 2026, in accordance with law and take all consequential steps thereof.

3.

The petitioner contends that she joined as a Group 'C' Clerk in Nilkuthi Sister Nivedita Girls' High School (HS) on 4th September, 2014. The service of the petitioner has been approved on 20th November, 2014. Since the Utsashree portal for transfer has been suspended temporarily the petitioner applied for her transfer through offline

application on 6th April, 2026 in prescribed format to the school authorities on widow ground. However, the same is still pending at the end of the school authorities. Hence, this writ petition.

4.

Mr. Sudip Ghosh Choudhury, learned Advocate for the petitioner submits that the school authority is under obligation to consider the application and forward the same to the concerned District Inspector of Schools.

However, no steps have been taken. He seeks appropriate order.

5.

Mr. Sunit Kumar Roy, learned Advocate for the West Bengal Central School Service Commission appearing through virtual mode submits that school authority upon consideration of the application of the petitioner has to submit noobjection certificate and thereafter further steps will be taken in accordance with law.

6.

Mr. Arijit Ghosh, learned Advocate appearing on behalf of the State indicates that the application of the petitioner is bereft of any date. Further in the postal receipt at page 23 of the writ petition the address of the school authority is not reflected. Thus, there is no document to show that the petitioner has actually submitted transfer application on 6th April, 2026.

7.

In reply, Mr.

Ghosh Chowdhury, learned Advocate for the petitioner submits that the petitioner on oath has stated that she has submitted such application before the school authority on 6th April, 2026.

8.

It is a fact that the application of the petitioner is bereft of date and the postal receipt also does not support the fact that the application seeking transfer has been duly sent to the school authority on 6th April, 2026. Be that as it may, on oath the petitioner has stated in the writ petition that she submitted the application for transfer on 6th April, 2026. Therefore, in the event such application is found with the school authority, they can take appropriate steps.

9.

Despite service none appears on behalf of the respondent no.6, the Head of the Institution, Nilkuthi Sister Nivedita Girls High School (HS).

10. Upon consideration of the submissions advanced on behalf of the respective parties, the respondent no.6, the Head of the Institution, Nilkuthi Sister Nivedita Girls High Schools (HSW), Coochbehar is directed to consider the application of the petitioner dated 6th April, 2026, if furnished by the petitioner, seeking transfer as per prevailing rules. If it is found that the petitioner is eligible, the school authority shall take all consequential steps

within a period of six weeks from the date of communication of this order.

11. With the above direction, the writ petition being WPA 700 of 2026 stands disposed of.

12. Petitioner is directed to communicate this order to the respondent no.6, the Head of the Institution, Nilkuthi Sister Nivedita Girls High School (HS), Coochbehar, 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.)