30.07.2026 Sl. No.10 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 5268 of 2026 Tapan Kumar Bera Versus The State of West Bengal & Ors. Mr. Somesh Kumar Ghosh Mr. Suman Mukherjee …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Nripendra Pratap Singh … for the State Mr. Ratul Biswas Mr. Kaushik Chowdhury … for the WBBPE Mr. Ranjan Saha … for the DPSC, Jhargram and Paschim Medinipur 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 to grant inter-District transfer to the petitioner from his present place of posting in the District of Jhargram to a school in the District of Paschim Medinipur on distance and surplus ground. 3. The petitioner contends that he joined as an Assistant Teacher in Kakri Jharna Primary/Junior Basic School under Belpahari Circle, District Paschim Medinipur (presently, under District Primary School Council Jhargram) on 11th February, 2014. The petitioner’s service has been confirmed with effect from 11th February, 2016. The petitioner’s residence is situated about 158 kilometers away from his present place of posting. On 4th February, 2026 the petitioner made a 2

representation before the authority concerned for his transfer on distance as well as surplus ground. However, the said representation is still pending consideration. Hence, this writ petition. 4. Mr. Somesh Kumar Ghosh, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for his transfer on distance and surplus ground, in accordance with law. 5. Mr. Kaushik Chowdhury, learned advocate appearing for the respondent Board submits that the State has already issued Memo being No. 277-SED-13037/159/2024-ELEMN SEC dated 30th June, 2026 notifying that the Utsashree portal has become operative and as such the petitioner ought to file the application through the said portal. 6. To this, Mr. Ghosh, learned advocate appearing for the petitioner submits that the same cannot be accessed and the application has been regretted on the ground of maintenance being undertaken. 7. Mr. Brijendra Pratap Singh, learned advocate representing the State concedes to the fact that due to maintenance of the Utsashree portal, the same is not functional right now. 8. Mr. Ranjan Saha, learned Advocate for the District Primary School Councils, Jhargram and Paschim Medinipur leaves the matter to the discretion of the Court. 3

9. In the above conspectus, respondent no. 4, the Secretary, West Bengal Board of Secondary Education is directed to consider the representation of the petitioner dated 4th February, 2026 and dispose of the same, upon giving notice to the petitioner, by passing a reasoned order in accordance with law, within a period of eight weeks from the date of communication of this order. 10. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 11. Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the Secretary, West Bengal Board of Primary Education. 12. With the above direction, the writ petition being WPA 5268 of 2026 stands disposed of. 13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 14. Interim order, if any, stands vacated. 15. All connected applications, if any, stand disposed of. 16. There shall be no order as to costs. 17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 18. 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.)

30.07.2026 Sl. No.10 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 5268 of 2026 Tapan Kumar Bera Versus The State of West Bengal & Ors. Mr. Somesh Kumar Ghosh Mr. Suman Mukherjee …for the Petitioner. Mr. Brijendra Pratap Singh Mr. Nripendra Pratap Singh … for the State Mr. Ratul Biswas Mr. Kaushik Chowdhury … for the WBBPE Mr. Ranjan Saha … for the DPSC, Jhargram and Paschim Medinipur 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 to grant inter-District transfer to the petitioner from his present place of posting in the District of Jhargram to a school in the District of Paschim Medinipur on distance and surplus ground. 3. The petitioner contends that he joined as an Assistant Teacher in Kakri Jharna Primary/Junior Basic School under Belpahari Circle, District Paschim Medinipur (presently, under District Primary School Council Jhargram) on 11th February, 2014. The petitioner’s service has been confirmed with effect from 11th February, 2016. The petitioner’s residence is situated about 158 kilometers away from his present place of posting. On 4th February, 2026 the petitioner made a 2

representation before the authority concerned for his transfer on distance as well as surplus ground. However, the said representation is still pending consideration. Hence, this writ petition. 4. Mr. Somesh Kumar Ghosh, learned Advocate appearing on behalf of the petitioner submits that the matter may be relegated to the appropriate authority for consideration of the representation of the petitioner for his transfer on distance and surplus ground, in accordance with law. 5. Mr. Kaushik Chowdhury, learned advocate appearing for the respondent Board submits that the State has already issued Memo being No. 277-SED-13037/159/2024-ELEMN SEC dated 30th June, 2026 notifying that the Utsashree portal has become operative and as such the petitioner ought to file the application through the said portal. 6. To this, Mr. Ghosh, learned advocate appearing for the petitioner submits that the same cannot be accessed and the application has been regretted on the ground of maintenance being undertaken. 7. Mr. Brijendra Pratap Singh, learned advocate representing the State concedes to the fact that due to maintenance of the Utsashree portal, the same is not functional right now. 8. Mr. Ranjan Saha, learned Advocate for the District Primary School Councils, Jhargram and Paschim Medinipur leaves the matter to the discretion of the Court. 3

9. In the above conspectus, respondent no. 4, the Secretary, West Bengal Board of Secondary Education is directed to consider the representation of the petitioner dated 4th February, 2026 and dispose of the same, upon giving notice to the petitioner, by passing a reasoned order in accordance with law, within a period of eight weeks from the date of communication of this order. 10. The reasoned order is to be communicated to the petitioner within one week from the date of passing of such order. 11. Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, the Secretary, West Bengal Board of Primary Education. 12. With the above direction, the writ petition being WPA 5268 of 2026 stands disposed of. 13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 14. Interim order, if any, stands vacated. 15. All connected applications, if any, stand disposed of. 16. There shall be no order as to costs. 17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 18. 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.)