Chaitali Singha v. State Of West Bengal And ORS.

28.02.2024.

Court No. 13 Item No. 229 ap W.P.A. No. 1461 of 2024 Chaitali Singha

Versus

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra.

...For the petitioner.

Mr. Ratul Biswas, Mr. Kaushik Chowdhury.

...For the WBBPE.

Mr. Suman Dey, Mr. Srijani Mukherjee.

...For the State.

1. Affidavit-of-service filed in Court today be taken on record.

2. The petitioner seeks transfer from Bainor CB School Nalhati West Circle to Bardhaman Sadar Urban-I Circle on medical grounds.

3. The petitioner claims to be having a severe condition.

4. In that view of the matter, this Court directs the Chairman, District Primary School Council, Birbhum to obtain the medical opinion of the CMOH, Birbhum at Suri to indicate as to whether - (a) the medical condition of the petitioner can be rectified and (b) as to whether the medical condition pre and post rectification would cause any health issues to the petitioner in traveling a distance of 142 kilometers.

5. The opinion of the CMOH shall be forwarded by the Chairman, District Primary School Council, Birbhum,

to the West Bengal Board of Primary Education, who may take an appropriate decision in the matter in accordance with law within a period of 45 days from date.

6. Let the aforesaid exercise be carried out by the appropriate authority offline.

7. With the aforesaid directions, the instant writ petition shall stand disposed of.

8. There will be no order as to costs.

9. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)