Soumendra Nath Das v. The State Of West Bengal And ORS.

07.03.2024.

Court No. 13 Item No. 333 ap W.P.A. No. 1956 of 2024 Soumendra Nath Das

Versus

The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri, Mr. Rajesh Naskar, Mr. Srijit Halder.

...For the petitioner.

Mr. Sourav Mitra.

...For the CSSC.

Mr. Shamim Ul Bari, Mr. Subhayu Das.

....For the State.

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

2. The petitioner has applied for transfer to the Central School Service Commission from Gadamathura Adarsha Binay Vidyapith (HS) under Biswanathpur, Pathar Pratima, District - South 24 Parganas to a school nearby his residence under the District - Purba Medinipur. He was given three choices.

3. Transfer is sought primarily on the ground that the petitioner is at an advanced stage of lung cancer. The School has already given NOC.

4. The District Inspector of Schools (SE), South 24 Parganas shall obtain a medical opinion as regards the condition of the petitioner from CMOH, South 24 Parganas.

5. If the opinion confirms the ailments of the petitioner and its stage, the District Inspector of Schools (SE), South 24 Parganas shall forward his comments/recommendation along with the opinion of CMOH, South 24 Parganas to the Central School Service Commission.

6. The Commission shall, upon its own satisfaction, take an appropriate decision to facilitate the petitioner in any of the chosen Schools or any School nearby the petitioner's residence subject to availability of vacancy.

7. The aforesaid process shall be undertaken by the Authority concerned offline within a period of one month from date.

8. For the aforesaid purpose, the petitioner shall furnish all his medical documents to the CMOH, South 24 Parganas.

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

10.

There will be no order as to costs.

11.

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.)