Anupurba Sanyal v. The State Of West Bengal And ORS

16.06.2025

IN THE HIGH COURT AT CALCUTTA

Sl. No.31 CIRCUIT BENCH AT JALPAIGURI akd W. P. A. 1213 of 2025 [Anupurba Sanyal -Vs- The State of West Bengal & Ors.] Mr. Deborshi Dhar Ms. Taniya Bhowmik ... ... for the petitioner Mrs. Mousumi Bhowal Ms. Prerna Mitra ... for respondent nos.5 & 6 [DPSC, Cooch Behar] Mr. Subir Kumar Saha .. ld. A.G.P.

Mr. Kumar Shantanu ... ... for the State 1.

The petitioner has preferred the present writ petition, being aggrieved by the inaction on the part of the respondent-District Primary School Council, Cooch Behar in not considering her application for transfer. 2.

It is the case of the petitioner that she is presently serving as an Assistant Teacher at Natkobari SC Primary School, which falls under the jurisdiction of District Primary School Council, Cooch Behar, Bamanhat Circle. The petitioner further submits that she has to travel approximately 42 kms. daily (up and down) to attend the school, which causes her considerable hardship and thereby she made an application dated 07.05.2025, for transfer to a school closer to her residence. It is the contention of the petitioner that the school where she is presently posted maintains a ratio of more than 40 students to 1 teacher which is in accordance with the statutory provisions. The petitioner is a surplus teacher and also duly eligible for transfer under the transfer

rules and amendments made thereon. Despite submitting the said representation dated 07.05.2025, there has been no action on the part of the respondent authorities till date. 3.

Learned Advocate for the respondent nos. 5 and 6 submits that the authorities are ready and willing to consider the petitioner's representation dated 07.05.2025. 4.

In view of the submission made by the learned Advocate for the respondent nos.5 and 6, learned counsel for the petitioner submits that his client shall be satisfied if the representation dated 07.05.2025 is decided in a time bound manner by the competent authority.

5.

Accordingly, this Court directs the Chairperson, District Primary School Council, Cooch Behar (respondent no.6) to consider the representation of the petitioner dated 07.05.2025 and pass a speaking order within a period of four weeks from the date of communication of this order after affording an opportunity of personal hearing to the petitioner. 6.

With the aforesaid directions, the present writ petition is disposed of.

7.

There shall be no order as to costs.

8.

Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted.

9.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Gaurang Kanth, J.)