Manik Paul v. The State Of West Bengal And ORS

09.06.2026 Sl. No.14 Ct. No.6 ss

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 686 of 2026 Manik Paul

Versus

The State of West Bengal & Ors.

Mr. Sudip Ghosh Choudhury Mr. Soumyajit Laskar ...for the Petitioner.

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

Mr. Sunit Kr. Roy ... for the WBCSSC 1.

By the present writ petition, the petitioner seeks direction upon the respondent authorities to expedite the consideration of transfer application of the petitioner dated 29th December, 2025 pending before the respondent no.5, the Head of the Institution, Bhatibari High School (HS), District Alipurduar.

2.

The petitioner contends that he is presently an Assistant teacher of Bhatibari High School (H.S). The petitioner joined the service on 8th July 2011 in Debinagar Gayalal Ramhari Uchcha Vidyapith (H.S) and thereafter has been transferred to the present school. The service of the petitioner has been duly approved. The petitioner on 29th December, 2025 made an application seeking

transfer before the authority on the medical ground of his spouse. However, the school authority is yet to consider such application in accordance with law. Hence, this writ petition. 3.

Mr. Sudip Ghosh Choudhury, learned Advocate for the petitioner submits that transfer application of the petitioner is to be considered expeditiously by the school authority.

4.

Mr. Arijit Ghosh, learned Advocate representing the State-respondents submits that it has been informed that the District Inspector of Schools (SE), Alipurduar is yet to receive the transfer application as well as NOC from the school authority.

5.

Mr. Sunit Kr. Roy, learned Advocate representing the West Bengal Central School Service Commission submits that the school authority is under statutory obligation to consider such application of the petitioner seeking transfer. 6.

Despite service none appears on behalf of respondent no.5, The Head of the Institution Bhatibari High School (H.S).

7.

In view of submissions advanced on behalf of the parties, the respondent no.5, the Head of the Institution, Bhatibari High School (HS), District Alipurduar is directed to consider the application of the petitioner seeking transfer dated 29th December, 2025 in accordance with law, within a

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

8.

The respondent No.5 is granted liberty to seek for medical examination of the spouse of the petitioner prior to consideration of the application seeking transfer and take all consequential steps in the event the petitioner is found eligible.

9.

With the above direction, the writ petition being WPA 686 of 2026 stands disposed of.

10. Petitioner is directed to communicate this order to the respondent no.5, the Head of the Institution, Bhatibari High School (HS), District Alipurduar for necessary compliance.

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

12. Interim order, if any, stands vacated.

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

14. There shall be no order as to costs.

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

16. 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.)