Babar Ali v. The State Of West Bengal And ORS.

Form No. J.(2) Item No. 45 Sc

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side

Present:

The Hon'ble Justice Aniruddha Roy WPA 2034 of 2025 Babar Ali Vs.

State of West Bengal & Ors.

For the petitioner : Ms.Suman Sehanabis (Mondal),Adv. (VC) Mr. Salok Sah, Adv.

Ms. Anwesha Chakraborty, Adv.

For the State :Mr. Sumit Kumar, Adv.

Mr. Sourav Sarkar, Adv.

For Primary Board : Mr. Ratul Biswas, Adv. (VC) For DPSC, Alipurduar : Mr. Bikramaditya Ghosh, Adv.

Mr. Mayank Bhandari, 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 petitioner is working as a Head Teacher of a Primary School. The petitioner seeks inter-district transfer on medical and distance grounds. The petitioner has submitted his representation dated July 7, 2025, Annexure - P5 at page 26 to the writ petition but the same has not yet been decided.

In view of the above, the respondent no. 4 upon issuing a prior hearing notice of at least seven days to the petitioner and after granting him an opportunity of hearing shall decide the representation dated July 7, 2025, Annexure - P5 at page 26 to the writ petition, by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the respondent no. 4 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 reasoned order to be passed.

It is made clear that, this Court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge whatever points he wishes to urge by relying upon whatever records and documents he wishes to rely upon before the respondent no. 4. In the event, the reasoned order goes in favour of the petitioner, the respondent no. 4 and/or any other appropriate authority or authorities shall take steps to give an immediate effect to the said reasoned order but positively within a period of four weeks from the date of communication of the said reasoned order.

It is also made clear that, this order shall not create any right or equity in favour of the petitioner, if the petitioner does not succeed to his claim before the respondent no. 4 strictly in accordance with law. 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 WPA 2034 of 2025 stands disposed of, without any order as to costs. The parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Aniruddha Roy, J.)