Priyanka Pradhan Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Priyanka Pradhan Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 55 days in filing the stay application and appeal condoned (CAN 2 of 2025 allowed); observations of the Single Bench on the merit of the petitioner's transfer application and the impugned judgement dated 30th September, 2024 set aside; petitioner permitted to apply offline under the Transfer Rules, 2015 within seven days, with respondents to consider and dispose of the application within two months thereafter, responding through the portal once rectified and communicating written responses by email at all stages; no order as to costs; CAN 1 of 2025 also disposed of.

Issue for consideration

Whether the views expressed by the Single Bench on the merits of the petitioner's transfer application ought to be set aside so that the authorities may decide the application afresh. +2 more

Court's answer

The observations made by the Single Bench regarding the merit of the petitioner's application are set aside; the school, the concerned District Inspector of Schools and the Commission may take appropriate decisions in accordance with law and as per their existing rules and policies with regard to the petitioner's application.

Ratio / Principle

CAN 2 of 2025 seeking condonation of delay of 55 days in filing the stay application along with the appeal is allowed and the delay is condoned.

Key takeaways

Since the petitioner's application is not in the format prescribed by the State, the petitioner may make the application offline in terms of the Transfer Rules, 2015 and the format prescribed thereunder; the respondent authorities, including the school in question as per hierarchy, may take appropriate decisions as expeditiously as possible.ratio¶21
The petitioner may make such application within a period of seven days from date, and the respondent authorities shall consider and dispose of the petitioner's application within a period of two months thereafter.ratio¶23

Detailed headnote1 paragraphs

Division Bench (MAT 2381 of 2024, decided 13.07.2026): (i) condoned a delay of 55 days in filing the appeal and stay application (CAN 2 of 2025 allowed); (ii) set aside the observations made by the Single Bench by its order dated 30th September, 2024 on the merits of the appellant's transfer application, and set aside the impugned judgement itself; (iii) since the appellant's application was not in the format prescribed by the State and the Utsashree Portal was reported under repair and non-functional, permitted the appellant to make the application offline in terms of the Transfer Rules, 2015 and the prescribed format within seven days, directing the school, the concerned District Inspector of Schools and the Commission to take appropriate decisions in accordance with law and their existing rules and policies within two months thereafter, with responses through the portal once rectified and written copies emailed to the appellant at all stages; (iv) no order as to costs; MAT 2381 of 2024 and CAN 1 of 2025 disposed of.

13.07.2026 Court No.13 Item No.29 AP

MAT 2381 of 2024 With CAN 1 of 2025 With CAN 2 of 2025

Priyanka Pradhan Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal

... For the Appellant.

Mr. Anindya Basu Ms. Debasmita Ganguly

... For the State.

Mr. S.K. Roy

... For the SSC.

Re.: CAN 2 of 2025

CAN 2 of 2025 has been filed seeking condonation of

delay of 55 days in filing stay application and the appeal.

For the reasons stated in the application, the same is allowed. Delay in filing of the stay application along with appeal is condoned.

Accordingly, CAN 2 of 2025 is allowed.

Re.: MAT 2381 of 2024 With CAN 1 of 2025

The appeal is directed against an order dated 30^th September, 2024 passed by a Single Bench of this Court. By the said order, the Single Bench expressed certain views on the merits of the petitioner’s application for transfer.

2

Across the Bar, learned counsel for the respondents submits that the application of the petitioner is not in proper format and the Utsashree Portal is now available since 1^st July, 2026.

There is, however, evidence produced by the learned counsel for the petitioner Mr. Lahiri stating that the portal is under repair and is not functional. This may be teething temporary problem.

Be that as it may, given the fact that the petitioner’s application is not in format prescribed by the State, the petitioner may make such application offline in terms of the Transfer Rules, 2015 and the format prescribed thereunder. The respondent authorities, including the school in question as per hierarchy, may take appropriate decisions in the matter as expeditiously as possible.

The observations made by the Single Bench regarding merit of the application of the petitioner are hereby set aside. The school, concerned District Inspector of Schools and the Commission may take appropriate decisions in accordance with law and as per their existing rules and policies with regard to the petitioner’s application.

The petitioner may make such application as indicated hereinabove within a period of seven days from date. The respondent authorities shall consider and dispose of the petitioner’s application within a period of two months thereafter.

3

If the portal is rectified in the meantime, the respondents may respond through the portal itself. Let written copies of the response also be communicated to the petitioner by email by the concerned respondents at all stages.

With the aforesaid observations, the impugned judgement dated 30^th September, 2024 shall stand set aside.

Accordingly, MAT 2381 of 2024 is disposed of. Consequently, CAN 1 of 2025 is also disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)

(Rai Chattopadhyay, J.)