Swati Karmakar v. State Of West Bengal And ORS.

25/03 AD/10/24 266312 NANDY (DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/2670/2026 SWATI KARMAKAR Vs.

THE STATE OF WEST BENGAL & ORS.

Mr. Sudip Ghosh Chowdhury, Advocate Ms. Shreyeta Mitra, Advocate Ms. Pritha Biswas, Advocate Ms. Upasana Sarkar, Advocate ......for the Petitioner Mr. Kanak Kiran Bandopadhyay, Advocate ......for the WBCSSC

1. Affidavit of service, as filed, be kept with the record.

2. In spite of service, the School Authority is not represented.

3. The petitioner's application for transfer on medical ground is pending before the School Authorities. The School Authorities have duly conducted the medical examination and the medical experts have opined that she is suffering from serious gynecological disorder and is undergoing regular check up, excess journey is harmful to the petitioner and not advisable for her to journey long distance to attend her job.

4. The transfer application, however, has not been considered by the School Authorities nor the requisite 'No Objection and Declaration' issued.

5. The petitioner is in serious distress and is required to be transferred to a school of her choice.

6. The respondent no. 6 is directed to take a decision and issue requisite 'No Objection and Declaration' in favour of the petitioner and forward the same along with the application to the respondent no. 5 by 15.04.2026.

7. The respondent no. 5 will also consider the petitioner's application expeditiously for onward progression to the Commission upon complying with the provisions of law, especially by way of medical report by the concerned Chief Medical Officer of Health.

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8. Since the 'Utsashree Portal' is presently suspended, the respondents will consider the application on offline mode.

9. With these directions, WPA 2670 of 2026 is disposed of. No order as to costs.

(Reetobroto Kumar Mitra, J.)