08.01.2026 Sl. No.22 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/6238/2025 RAHENA JESMIN VS STATE OF WEST BENGAL AND ORS.

Mr. Himadri Sekhar Chakraborty …for the Petitioner.

Mr. Arup Kumar Mondal Mr. Alok Banerjee …for the State.

Mr. Avishek Prasad Mr. Sourodeep Singha …for DPSC, Malda.

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. By the present writ petition the petitioner seeks direction upon the respondent authorities to transfer the petitioner to a nearby school upon considering the representations of the petitioner dated 31^st July, 2024 and 10^th December, 2024 in accordance with West Bengal Primary Education (Transfer of Teachers including Head Teacher) Rules, 2002.

3. The petitioner contends that she is an Assistant Teacher of Chanchal Haripara Jelepara Primary School, Malda. The petitioner joined the said post on 4^th February, 2017. The petitioner has to travel 55 Kilometers to attend her school. The petitioner has a minor son. On 31^st July, 2024 and subsequent thereto on 10^th December, 2024 the petitioner made representations to the concerned authority for her transfer to a school nearby to her residence. However, the same is kept pending with the authorities. Hence this writ petition.

4. Mr. Himadri Sekhar Chakraborty, learned advocate appearing for the petitioner submits that the appropriate authority be directed to consider the representations of the petitioner for her transfer in accordance with law.

5. Mr. Avishek Prasad, learned advocate appearing for the District Primary School Council, Malda submits that the representation dated 10^th December, 2024 be directed to be considered by the Chairman, District Primary School Council, Malda.

6. Learned advocate for the State leaves the matter to the discretion of the Court.

7. In view of the submissions advanced on behalf of the respective parties, respondent no.6, Chairman, District Primary School Council, Malda is directed to consider and dispose of the representation of the petitioner dated 10^th December, 2024 by passing a accordance with law within a period of six weeks from the date of communication of this order. The reasoned one week from passing thereof.

8. Learned advocate for the petitioner is directed to communicate this order to respondent no.6, Chairman, District Primary School Council, Malda, for necessary compliance.

9. With the aforesaid directions, the writ petition being WPA 6238 of 2025 is disposed of

10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

11. Interim order, if any, stands vacated.

12. All connected applications, if any, stand disposed of.

13. There shall be no order as to costs.

14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)