WPA/1605/2026 of SHEKHAR SHARMA Vs THE STATE OF WEST BENGAL AND ORS on 14 August 2026

1. Affidavit-of-service, filed in Court today, is taken on record.

2. Ms. Esha Acharya, learned Advocate appears for the petitioner.

3. Ms. Radhika Agarwal, learned Advocate appears for the State.

A.Roy, J.

4. Mr. Bikramaditya Ghosh, learned Advocate appears for the Primary Board.

5. The petitioner as an Assistant Teacher seeks transfer. The application of the petitioner is now pending before the respondent no.7 after being forwarded by the Sub-Inspector of Schools, Dhupguri IV Circle, Annexure-P4 at page 18 to the writ petition.

6. Petitioner at present is working at Sebagram R.R. Primary School under Sadra East Circle (hereinafter referred to as the present school).

7. In view of the above, the following directions are made : a) Petitioner shall serve a copy of this writ petition along with a copy of today’s order upon the respondent no.7, District Inspector of Schools (Primary Education), Jalpaiguri and the Teacher-in-Charge/Head Master of the present school forthwith; b) The respondent no.7 or the D. I., as the case may be at present, upon issuing a prior hearing notice of at least seven days to the petitioner and the present school and after granting him an opportunity of hearing shall decide the representation dated August 26, 2025, Annexure-P4 at page 18 to the writ petition by passing a reasoned order in accordance with law; c) In course of hearing parties shall be at liberty to refer to a copy of the writ petition; d) The entire exercise shall be carried out and completed by the respondent no.7 and/or the D.I., as the case may be,

A.Roy, J.

positively within six weeks from the date of communication of this order; e) The reasoned order then shall be communicated to the petitioner, the present school and if transfer is allowed then the transferred school positively within a further period of two weeks from the date of the said reasoned order to be passed. f) In the event, the reasoned decision goes in favour of the petitioner, all necessary and consequential steps shall be taken by the jurisdictional D.I. and the transferred school but positively within a period of two weeks from the date of communication of the said reasoned order to be passed and the petitioner in that event shall join at the transferred school within six weeks from the date of the reasoned order to be passed.

8. It is made clear that, this Court has not gone into the merits of this writ petition and all points are kept open for the petitioner to urge before the respondent no.7 but the same shall not travel beyond the scope of this writ petition.

9. It is also 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 his claim strictly in accordance with law.

10. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

A.Roy, J.

11. With the above observations and directions the writ petition, WPA 1605 of 2026 stands disposed of without any order as to costs.

12. Parties shall act on the server copy of this order duly obtained from the official website of this Court.

13. Photostat certified of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)