Calcutta High Court (Appellete Side)
Jaya Karmakar vs State Of West Bengal & Ors on 2 April, 2026
02.04.2026
Item No. 23
Ct. No. 14 IN THE HIGH COURT AT CALCUTTA
AN CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 18760 of 2025
Jaya Karmakar
vs.
State of West Bengal & ors.
Mr. Shuvro Prakash Lahiri
Mr. Rajesh Naskar
Mr. Ankan Mondal
... for the petitioner
Mr. Avijit Sarkar
Mr. Abhishek Chakraborty
... for the State
Mr. Ratul Biswas
Mr. Kaushik Chowdhury
... for the WBBPE
Mr. Avishek Prasad
... 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 for
direction upon the respondent authorities to grant
intra district transfer to a school nearby her residence upon consideration of the representation of the petitioner dated 5th September, 2022.
3. The petitioner contends that she was appointed as an Assistant Teacher of Alipara Primary School under District Primary School Council, Malda. The petitioner joined the said school on 15 th February, 2006. The petitioner has been confirmed in the 2 service with effect from 15th February, 2008. The petitioner is suffering from various gynecological problems. The petitioner's house is situated at a distance of 44.5 kms. from her place of posting. On 5th September, 2022, the petitioner made a representation for transfer online through utsashree portal before respondent no. 6, the Chairman, District Primary School Council, Malda seeking her transfer. However, the same is still pending consideration. Hence this writ petition.
4. Mr. Shuvro Prakash Lahiri, learned advocate appearing for the petitioner submits that the utsashree portal is suspended since September, 2022. Therefore, no decision has yet been taken with regard to the application made by the petitioner through the online portal. Relying on the decision of the Hon'ble Division Bench in MAT 1706 of 2024 [Mithun Roy vs. The State of West Bengal] he submits that the application submitted through online portal can also be considered taking a print out of the same.
5. Mr. Avishek Prasad, learned advocate appearing for the respondent District Primary School Council, Malda submits that the utsashree portal is suspended till June, 2026. Be that as it may, the petitioner has not annexed any document that she has been medically examined pursuant to the letter 3 issued by the CMOH, Malda on 28th October, 2022. However, he seeks that the matter be relegated to the appropriate authority for due consideration.
6. Learned advocates for the other appearing respondents leave the matter to the discretion of the Court.
7. It is not in dispute that the petitioner has made an application seeking transfer on 5th September, 2022 through utsashree portal. The matter is pending for consideration by the concerned authority. Though the portal is suspended, yet there is no impediment on the part of the Council to take a printout of the said application and process the same manually strictly in terms of the existing rules in this regard. [see Mithun Roy (supra)]
8. In view of the submissions advanced by the respective parties, respondent no. 6, the Chairman, District Primary School Council, Malda is directed to consider the application of the petitioner dated 5th September, 2022 submitted through online portal and dispose of the same by passing a reasoned order in accordance with law, upon notice to the petitioner, within a period of eight weeks from the date of communication of this order.
9. The reasoned order shall be communicated to the petitioner within a week from the date of passing of such order.
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10. Respondent no. 6, the Chairman, District Primary School Council, Malda is granted liberty to seek for medical examination of the petitioner, if so required, prior to consideration of the representation of petitioner.
11. The petitioner is directed to communicate this order to respondent no. 6, the Chairman, District Primary School Council, Malda for necessary compliance.
12. With the above directions, the writ petition being WPA 18760 of 2025 stands disposed of.
13. Since no affidavits have been called for, the allegations made in the writ petition are deemed to be not admitted.
14. Consequently, connected applications, if any, also stand disposed of.
15. Interim orders, if any, stand vacated.
16. There will be no order as to costs.
17. Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Bivas Pattanayak, J.)