Sahina Parveen v. The State Of West Bengal And ORS

10.06.2026 Sl. No.7 Ct. No.6 ss

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 701 of 2026 Sahina Parveen

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 make transfer recommendation in favour of the petitioner on self medical ground upon consideration of her application dated 14th March, 2026.

3.

The petitioner contends that she joined as an Assistant Teacher in Farabari Junior High School of Velkipara, Farabari, District Jalpaiguri on 24th December, 2013. The petitioner's service has been approved on 15th March, 2016. The residence of the petitioner is situated about 366

kilometers away from her present place of posting. The petitioner is suffering from severe gynaecological disorder. Since the Utsashree portal for transfer has been suspended temporarily the petitioner applied for her transfer through offline application on 14th March, 2026 on her self-medical ground before the school authority. 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 postal receipt shows that the same has been sent to the teacher-in-charge, Sahudangihat, Jalpaiguri and

not to the school concerned. Thus, no application has been submitted before the school authority. He seeks for dismissal of the writ petition.

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 14th March, 2026.

8.

The postal receipt at page 28 shows that the application for transfer has been sent to teacherin-charge, Sahudangihat, Jalpaiguri. Needless to mention that the concerned school is situated in Sahudangihat, Jalpaiguri. Be that as it may, the petitioner on oath has stated in the writ petition that the application for transfer has been submitted before the school authority on 14th March, 2026. It is found from annexure P/7 to the writ petition that the petitioner has made an application before the school authority seeking her transfer. It is not in dispute that the same is pending at the end of the school authority.

9.

Upon consideration of the submissions advanced on behalf of the respective parties, the respondent no.6, the Head of the Institution, Farabari High School of Velkipara, Farabari, Jalpaiguri is directed to consider the application of the petitioner dated 14th March, 2026, if

furnished by the petitioner, seeking transfer and 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.

10. With the above direction, the writ petition being WPA 701 of 2026 stands disposed of.

11. Petitioner is directed to communicate this order to the respondent no.6, the Head of the Institution, Farabari High School of Velkipara, Farabari, Jalpaiguri, for necessary compliance.

12. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

13. Interim order, if any, stands vacated.

14. All connected applications, if any, stand disposed of.

15. There shall be no order as to costs.

16. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

17. 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.)