22.01.2026 Sl. No.36(DL)

Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 28316 of 2025 Amrita Ghosh Versus The State of West Bengal & Ors.

Ms. Ankita Dey …for the Petitioner.

Mr. Jaladhi Das …for the State.

Mr. Avishek Prasad, Mr. Sourodeep Singha … for the 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 for her transfer to a school nearby her residence upon consideration of her representation dated 8^th July, 2025.

3. The petitioner contends that she is an Assistant Primary Teacher of Rathbari Primary School under Mothabari Circle, District- Malda. The petitioner joined in the said school on 14^th February, 2017. The petitioner’s service has been confirmed with effect from 14^th February, 2019. The petitioner is suffering from various medical ailments. The petitioner has to travel more than 28 kms. (up and down) to attend her school. On 8th July, 2025, the petitioner made a representation before the seeking transfer, but the same is still pending consideration. Hence, this writ petition.

4. Ms. Ankita Dey, learned Advocate for the petitioner submits that specific direction be issued upon the Chairman, District Primary School Council, Malda to consider the representation of the petitioner dated 8th July, 2025 for her transfer.

5. Learned Advocates for the respondents submit that the matter be relegated to the appropriate authority for taking a decision on the representation of the petitioner.

6. In view of such submissions advanced on behalf of the respective parties, respondent No.3, Chairman, District Primary School Council, Malda is directed to consider the representation of the petitioner dated 3^rd November, 2025 and dispose of the same by passing a reasoned order, in accordance with law, within a period of eight weeks from the date of communication of this order.

7. The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order.

8. The respondent No.3 can seek for medical examination of the petitioner before considering the said representation, if so required.

9. Learned advocate for the petitioner is directed to communicate this order to respondent No.3, Chairman, compliance.

10. With the above direction, the writ petition being WPA

28316 of 2025 stands disposed of.

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

12. Interim order, if any, stands vacated.

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

14. There shall be no order as to costs.

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

16. 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.)