Bijna Paul v. The State Of West Bengal And ORS

10.06.2026 Sl. No.8 Ct. No.6 gd

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/702/2026 BIJNA PAUL VS THE STATE OF WEST BENGAL AND ORS.

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

Ms. Supriya Singh Ms. Radhika Agarwal ...for the State.

Mr. Bikramaditya Ghosh Mr. Vivek Saha ...for WBPPE.

1. Affidavit of service filed by the petitioner is taken on record.

2. By the present writ petition the petitioner seeks direction upon the respondent authorities to grant inter district transfer to the petitioner from district of Jalpaiguri to district of Purulia on medical ground of the child.

3. The petitioner contends that she joined as an Assistant Teacher in Laxmikanta Tea Garden Primary School, Post Office-Laxmikanta Para, District- Jalpaiguri on 6th March, 2024. The petitioner has completed more than two years of service. The petitioner's residence is about 653 Kilometers away from her present place of posting. The minor daughter of the petitioner aged about

six years is suffering from serious cardiac problem. On 6th April, 2026 the petitioner made an application before the concerned authority seeking transfer. However, the same is still pending consideration. Hence this writ petition.

4. Mr. Sudip Ghosh Chowdhury, learned advocate appearing for the petitioner submits that the matter may be relegated to appropriate authority for consideration of the representation of the petitioner for her transfer on medical ground in accordance with law.

5. Learned advocate appearing for the West Bengal Board of Primary Education as well as State leave the matter to the discretion of the Court.

6. In view of the submissions advanced on behalf of the respective parties, respondent no.3, Secretary, West Bengal Board of Primary Education is directed to consider the application of the petitioner dated 6th April, 2026 and dispose of the same by passing a reasoned order subject to production of all medical documents in accordance with law upon notice to the petitioner within a period of six weeks from the date of communication of this order.

7. The reasoned order shall be communicated to the petitioner within one week from passing thereof.

8. Learned advocate for the petitioner is directed to communicate this order to respondent no.3,

Secretary, West Bengal Board of Primary Education, for necessary compliance.

9. It is made clear that this order is passed on special circumstances and should not be treated as a precedent.

10. With the aforesaid directions, the writ petition being WPA 702 of 2026 stands disposed of.

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.)