Bubai Sarkar v. The State Of West Bengal And ORS.

Form No. J.(2) Item No. 31 AB

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side

Present:

The Hon'ble Justice Aniruddha Roy W.P.A. 1944 of 2025 Bubai Sarkar Vs.

The State of West Bengal & Ors.

For the petitioner :

Mr. Suvro Prakash Lahiri, Adv.

Mr. Debajit Kundu, Adv. (VC) For the State :

Mr. Pretom Das, Adv.

Mr. Sandip Guha Roy, Adv.

For the S.S.C.

: Mr. Sunit Kumar Roy, Adv.

Heard on :

September 12, 2025 Judgment on :

:

September 12, 2025 Aniruddha Roy, J.

Affidavit of service filed in Court today, is taken on record. The averment in paragraph-3 to the writ petition shows that the petitioner seeks transfer on medical ground of spouse. The relevant online application is available annexure p-4 at page-106 to the writ petition. The application is still pending.

In view of the above, the appropriate jurisdictional authority of the West Bengal Central School Service Commission shall consider the said application for transfer strictly in accordance with law after consulting the records.

The entire exercise shall be carried out by the appropriate jurisdictional authority of the West Bengal Central School Service Commission positively within a period of six weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioner within a further period of one week from the date of the said decision to be taken.

It is also made clear that, this order shall not create any right or equity in favour of the petitioner and the necessary steps for consideration in terms of the application of the petitioner shall be taken by the appropriate authority of the West Bengal Central School Service Commission strictly in accordance with law.

It is needless to mention that in the event of any rejection of the application of the petitioner, the reasons shall be communicated to the petitioner in writing within the said period of one week from the date of the decision to be taken.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. With the above observations and directions this writ petition W.P.A. 1944 of 2025 stands disposed of, without any order as to costs. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)