08.01.2026 Item No. 12 Ct. No. 14 IN THE HIGH COURT AT CALCUTTA AN CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 2706 of 2025 Junaida Khatun vs.

State of West Bengal & ors.

Mr. Sudipta Dasgupta Mr. Sondwip Sutradhar … for the petitioner Mr. Pinaki Dhole Mr. Avishek Prasad … for the State Mr. Ratul Biswas Mr. Kaushik Chowdhury … for the WBBPE Mr. Ranjan Saha Mr. Masrur Ahmed … for the DPSC (Jhargram & Paschim Medinipur)

1. Statement of facts filed by respondent no.7, Chairman, District Primary School Council, Jhargram dated 21^st April, 2025 is taken on record.

2. By the present writ petition, the petitioner seeks direction upon the respondent authorities to give effect to order under Memo No. 1608/1(2)/BPE/2020 dated 24^th September, 2020 passed by the Secretary, West Bengal Board of Primary Education and direction upon respondent no.7, Chairman, District Primary School Council, Jhargram to issue release order in favour of the petitioner.

3. The petitioner contends that she is an Assistant Teacher in Murakati Primary School under Jhargram East Circle. The petitioner applied for transfer under medical ground which was allowed by the Secretary, West Bengal Board of Primary Education on 24^th September, 2020 and an appointment letter was issued by respondent no. 8, the District Primary School Council, Jhargram. However, the petitioner is unable to join her new place of posting since release order has not been issued as yet by respondent no.7, Chairman, District Primary School Council, Jhargram. Being aggrieved by such action of the respondent authorities, the petitioner has preferred the present writ petition.

4. Mr. Sudipta Dasgupta, learned advocate appearing for the petitioner submits that despite there being an order passed by the Secretary, West Bengal Board of Primary Education for transfer of the petitioner, however, respondent no.7, Chairman, District Primary School Council, Jhargram is reluctant to issue the release order due to which such transfer order of the petitioner cannot be implemented. He seeks for appropriate direction.

5. Mr. Ranjan Saha, learned advocate appearing for respondent no.7, Chairman, District Primary School Council, Jhargram submits that upon transfer of the petitioner from the present school, the student-teacher ratio would be badly affected and the quality of education will be hampered. In such circumstances, respondent no.7, Chairman, District Primary School Council, Jhargram is unable to issue release order in favour of the petitioner.

6. Mr. Pinaki Dhole, learned advocate representing the State and Mr. Ratul Biswas, learned advocate appearing for the WBBPE leaves the matter to the discretion of the Court.

7. It is not in dispute that the petitioner’s application for transfer on medical ground has been allowed by the Secretary, West Bengal Board of Primary Education on 24^th September, 2020. However, due to non-issuance of release order, the petitioner is unable to join her new place of posting. The District Primary School Council, Jhargram has raised the issue of its inability to release the petitioner since it would effect the student-teacher ratio.

8. In such circumstances, respondent no.7, Chairman, District Primary School Council, Jhargram is directed to issue release order in favour of the petitioner within a period of four weeks from the date of communication of this order. Further respondent no.7, Chairman, District Primary School Council, Jhargram shall make arrangement so that the student-teacher ratio is maintained in the School viz. Murakati Primary School wherefrom the petitioner will be transferred in implementation of the order of the Secretary, West Bengal Board of Primary Education dated 24^th September, 2020.

9. Learned advocate appearing for the petitioner is directed to communicate this order to respondent no.7, Chairman, District Primary School Council, Jhargram for necessary compliance.

10. With the above directions, the writ petition being no.

WPA 2706 of 2025 stands disposed of.

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