Sumit Kumar Adhikary v. State Of West Bengal And ORS.

01.04.2026 sdas WPA 721 of 2026 Sumit Kumar Adhikary Vs.

The State of West Bengal & Ors.

Mr. Ujjal Ray Mr. Abdur Rahim .... for the petitioner Ms. Sulagna Bhattacharya Ms. Sucheta Banerjee .... for the State Mr. Sourav Mitra .... for the CSSC Mr. Anish Kumar Mukherjee Mr. Tamoghna Pramanick .... for the respondents no.

6 & 7

1. Let affidavit-of-service, as filed in Court, be kept on record.

2. The petitioner is a non-teaching staff (clerk) in the concerned school and has been in service in the said school for almost 15 years. Petitioner had sought for transfer on the medical ground of his daughter. This application of the petitioner was rejected by the school authorities on the ground of insufficiency of requisite certificate regarding medical condition of his child.

3. In the circumstances, as aforestated, the petitioner is directed to make a fresh application by April 10, 2026 disclosing of requisite certificate

to support his case on the ground of his daughter's medical condition.

The school authorities will thereafter immediately cause the BMOH to examine the daughter of the petitioner and if found eligible, will forward the requisite documents along with the application and 'NOC' of the petitioner to the concerned District Inspector of Schools.

4. The school authorities will consider the application of the petitioner strictly in line with the decision of this Hon'ble Court in MAT 471 of 2025 (Rupam Biswas vs. State of West Bengal & Ors.) and forward the same to the respondent no. 5 by 20.04.2026.

5. Concerned District Inspector of Schools will take all consequential steps to expedite the matter preferably within four weeks from receipt of the 'NOC' and other requisites from the school.

6. The suspension of 'Utsashree Portal' will not be an impediment for the concerned authority to consider the application for transfer of the petitioner. The same shall be considered in an offline mode.

7. With the aforestated directions, the writ petition is, thus, disposed of.

8. There shall, however, be no order as to costs.

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

(Reetobroto Kumar Mitra, J.)