Calcutta High Court
WPA/1608/2026 of NILAY CHAKRABORTY Vs THE STATE OF WEST BENGAL AND ORS on 19 August 2026
of 2026 A.Roy, J. Form J(2) Sl.No.59 Sc In the High Court at Calcutta In the Circuit Bench
A.Roy, J.
Form J(2)
Sl.No.59
Sc
In the High Court at Calcutta
In the Circuit Bench at Jalpaiguri
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon’ble Justice Aniruddha Roy
WPA 1608 OF 2026
Nilay Chakraborty
Vs.
The State of West Bengal & Ors.
For the petitioner
:
Ms. Suman Sehanabis, Adv.
Ms. Esha Acharya, Adv.
Ms. Ipsita Saha, Adv.
For the Respondent State
:
Mr. Ashoke Kr. singhi, Adv.
Ms. Tamanna Kar, Adv.
For the Respondent No.3
:
Mr. Bikramaditya Ghosh, Adv.
Mr. Mayank Bhandari, Adv.
Heard on
:
August 19, 2026
Judgment on
:
August 19, 2026
[In Court]
Aniruddha Roy, J. :
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1. Affidavit-of-service, filed in Court today, is taken on record.
2. Ms. Suman Sehanabis, learned Advocate appears for the petitioner.
3. Mr. Ashoke Kr. Singhi, learned Advocate appears for the State.
A.Roy, J.
4. Mr. Bikramaditya Ghosh, learned Advocate appears the respondent no.3.
5. Referring to the transfer order dated March 13, 2026, Annexure-P5 at page 22 to the writ petition petitioner submits that, despite extension of time, the release order from the present school has not been issued in favour of the petitioner, as a result, the petitioner cannot join the transferred school.
6. In view of the above, the petitioner shall serve a copy of this writ petition along with a copy of today’s order upon the respondent nos.5 and 8 forthwith.
7. Respondent no.5 then shall take steps strictly in accordance with law for issuance of the necessary release order from the present school in favour of the petitioner if the petitioner shall be eligible to be issued with such release order in accordance with law on the basis of the available records.
8. This exercise shall be carried out and completed positively within four weeks from the date of communication of this order.
9. In the event, the release order is issued then the respondent no.8 shall take all necessary and consequential steps in terms of the transfer order dated March 13, 2026.
10. In the event, the petitioner is otherwise found eligible for such transfer in accordance with law such step shall be taken by the
A.Roy, J.
respondent no.8 positively within four weeks from the date of release order to be issued by the respondent no.5.
11. It is made clear that, this court has not gone into the merits of the claim of the petitioner.
12. This order shall not create any right or equity in favour of the petitioner in the event the petitioner is found otherwise ineligible for transfer on the basis of the available records and strictly in accordance with law.
13. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
14. With the above observations and directions the writ petition, WPA 1608 of 2026 stands disposed of, without any order as to costs.
15. Parties shall act on the server copy of this order duly obtained from the official website of this Court.
16. Photostat certified of this order, if applied for, be furnished expeditiously.
(Aniruddha Roy, J.)