Buddhadev Kundu v. State Of West Bengal And ORS.

22.04.2026 sdas WPA 980 of 2026 Buddhadev Kundu Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Pritha Biswas Ms. Upasana Sarkar .... for the petitioner Mr. Kanak Kiran Bandyopadhyay .... for WBCSSC Mr. Kunal Ganguly .... for WBBSE

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

2. In spite of service, none appears on behalf of the school authorities.

3. The petitioner had applied for a transfer on the ground of spouse medical. The said application of the petitioner, the assistant teacher, was forwarded by the school authorities upon requisite documents being furnished and with appropriate certificate to the concerned District Inspector of Schools.

4. The concerned District Inspector of Schools, in his wisdom, had treated the same as a transfer on the ground of distance and rejected the same holding that the petitioner being a single teacher in his subject was not entitled to be transferred. Since a

substantial period of time has elapsed since this rejection, the petitioner is granted liberty to make a fresh application on the selfsame ground of spouse medical to the school authorities, which will be forwarded to the concerned District Inspector of Schools, if found eligible with the requisite "no objection medical certificate" from the BMOH.

5. District Inspector of Schools will treat the application as such spouse medical application and deal with the same upon obtaining a requisite medical certificate from the CMOH and expedite the onward progression of such application within a period of four weeks from the date of receipt of this application from the school authorities.

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.)