Himadri Shekhar Rout v. State Of West Bengal And ORS.

rkd 02.04.2025 Ct.18 W.P.A. 344 of 2025 Himadri Shekhar Rout -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra, Ms. Debalina Chakraborty ....for the petitioner.

Sk. Rejaul Alam ....for the respondent no.5.

Mr. Bimalendu Das, Mr. Dipankar Das ....for the State.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta ....for the WBBSE.

Affidavit of service filed on behalf of the petitioner is taken on record.

In terms of the order dated 4th March, 2025 a report is filed by the District Inspector of Schools (SE), Purba Medinipur being respondent no.4 dated 25th March, 2025 enclosing medical report dated 25th March, prepared by the Medical Board, Tamralipto Government Medical College & Hospital. Said report dated 25th March, 2025 is taken on record. On perusal of the medical report dated 25th March, 2025 it appears that petitioner is suffering from visual impairment to the extent of 40%. However, in terms of amended Rule 2(b) as contained in notification dated 21st December, 2021 amending West Bengal School Service Commission (General Transfer, Transfer On Special Grounds and Reallocation) Rules, 2015 if

applicant teacher suffers from visual disability of 60% or more as certified by competent authority, is eligible for transfer on special ground.

However, in the present case, it is certified by the Medical Board of Tamralipto Government Medical College & Hospital that visual impairment of the petitioner is 40%. Therefore, it appears that benefit of amended Rule 2(b) as contained in notification dated 21st December, 2021 does not apply in the present case.

Hence, the writ petition stands dismissed.

There shall be however no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)