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2025 Supreme(Online)(Cal) 3592

CALCUTTA HIGH COURT
Rajarshi Bharadwaj, J
Surajit Sarkar – Appellant
Versus
The State of West Bengal – Respondent
WPA 15199 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra, Ms. Pritha Biswas
For the Respondents: Mr. Debajyoti Dutta, Mr. Debasis Dey, Mr. Supriyo Chattopadhyay, Ms. Iti Dutta

Court mandates compliance with procedural requirements for decision-making on transfer requests; prior rights not conferred without due process.

Headnote:The petitioner sought an intra-district transfer from one school to another due to medical grounds. The respondent was directed to consider the petitioner's representation dated May 29, 2025, in accordance with the law and complete the necessary proceedings within a stipulated timeframe. The court clarified that its order does not confer any rights on the petitioner regarding the merit. The petition was disposed of with no direction for costs.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Pritha Biswas … for the petitioner Mr. Debajyoti Dutta Mr. Debasis Dey … for the State Mr. Supriyo Chattopadhyay Ms. Iti Dutta … for the respondent no.4 The petitioner claims intra-district transfer from one school to another school on medical ground. The petitioner has submitted his representation dated May 29, 2025 at page 20 to the writ petition, but the same has not been considered.

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 dispose of the representation dated May

29, 2025 strictly in accordance with law.

All the procedures laid down under the relevant rules shall have to be followed strictly for considering the representation.

The entire exercise shall be carried out and completed by the respondent no.4 and/or any other relevant State authority positively within a period of eight weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioner within a period of two weeks from the date of the reasoned order to be passed.

In the event the reasoned order goes in favour of the petitioner, then the appropriate State authority shall take all necessary and consequential steps to give an immediate effect thereto but positively within a period of four weeks from the date of the reasoned order to be communicated to such authority.

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 all points he wishes to urge by relying upon whatever records and documents he wishes to rely upon before the respondent no.4 but not beyond the scope of the said representation dated May 29, 2025.

It is 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 being WPA 15199 of 2025 stands disposed of.

However, there shall be no order as to costs.

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