Calcutta High Court
WPA/1451/2026 of SUSMITA BASAK Vs THE STATE OF WEST BENGAL AND ORS on 19 August 2026
2026,
A. Roy,J.
Form J(2)
Sl. No. 38
AB
High Court at Calcutta
In the Circuit Bench at Jalpaiguri
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon’ble Justice Aniruddha Roy
W.P.A. 1451 of 2026
Susmita Basak
Vs.
The State of West Bengal & Ors.
For the petitioner
:
Mr. Shamim ul Bri
Ms. Taniya Bhowmik
For the State
:
Mr. Abhijit Raha
Mr. Tuhin Kumar Roy
Heard on
:
August 19, 2026
Judgment on :
:
August 19, 2026
[ IN COURT ]
Aniruddha Roy,J.
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1. The petitioner prays for transfer from one school to another on the alleged medical grounds of her children. The application dated April 7, 2025, annexure P-3 at page 29 to the writ petition has been submitted by the petitioner before the jurisdictional Sub-Inspector of Schools, Mal Circle. Petitioner submits that, the application has already been forwarded before the respondent no. 5 as the petitioner has been informed by the Sub- Inspector of Schools.
A. Roy,J.
2. Learned State advocate Mr. Abhijit Raha submits that, the present school of the petitioner is within 10 K.M. from her residence. He further submits that, the Teachers-Students ratio at the present school may not permit the transfer of the petitioner.
3. Mr. Bari learned advocate appearing for the petitioner submits that, in the event of medical ground Teachers-Students ratio is not a bar.
4. In view of the above, following directions are made:
(a) In the event this application has not yet been forwarded by the S.I. of Schools to the respondent no. 5, the same shall be forwarded positively within a week from the date of communication of this order; (b) The respondent no. 5 then after receiving the application upon issuing a prior hearing notice of at least seven days to the petitioner and after granting her an opportunity of hearing shall dispose of the application by passing a reasoned order in accordance with law but positively within six weeks from the date of communication of this order or receiving application from the S.I of Schools, as the case may be;
A. Roy,J.
(c) The reasoned order then shall be communicated to the petitioner within two weeks from the date of the reasoned order to be passed; (d) In the event, the reasoned order goes in favour of the petitioner, an immediate effect shall be given to them in accordance with law including by the transferred school, if any.
5. It is made clear that, this order shall not create any right or equity in favour of the petitioner, if the petitioner is not eligible to receive her claim for transfer, strictly in accordance law and after consulting all the relevant records.
6. Since affidavits are not called for, allegations made in this writ petition are deemed not to have been admitted by the respondents.
7. With the above observations and directions this writ petition being WPA 1451 of 2026 stands disposed of, without any order as to costs.
8. Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)