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Calcutta High CourtWPA/3192/2025disposed

Sanatan Nandan v. State Of West Bengal And ORS.

2025-02-27Hon'Ble Justice Saugata Bhattacharyya3 pages

27.02.2025 Ct. No. 18 adeb W.P.A. 3192 of 2025 Sanatan Nandan Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Debalina Chakraborty ..for the petitioner Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for the WBBSE Ms. Supriya Dubey ...for the SSC Mr. Priyankar Saha Mr. Biswanath Samanta ...for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner since petitioner is suffering from ailment. Last application for transfer on medical ground was made on Utsashree Portal on 18th September, 2022 and same was forwarded by the school authority where petitioner is presently working to the concerned District Inspector of Schools (SE) for taking further steps on 17th October, 2022. It is submitted on behalf of the State respondents that petitioner was sent for medical verification on a particular date when he remained

absent before the medical authority as a result thereof medical report could not be obtained.

On the contrary it is submitted on behalf of the petitioner that transfer application is pending before the District Inspector of Schools (SE) concerned for taking further steps.

In view of pendency of transfer application before the concerned District Inspector of Schools (SE), Paschim Medinipur being respondent no. 4 said respondent no. 4 is directed to obtain medical report on medical verification of the petitioner by 3 (three) weeks from the date of communication of this order. In the medical report concerned medical authority is required to certify in consideration of nature of disease whether petitioner should be advised to avoid long distance journey or not. If medical report justifies transfer of the petitioner transfer application along with medical report shall be forwarded to the West Bengal Central School Service Commission for taking final decision. The respondent no. 4 shall forward the transfer application along with medical report to the Commission by 7 (seven) days after receipt of medical report if same is necessary.

On receipt of transfer application and medical report Chairman, West Bengal Central School Service Commission shall decide the same by 4 (four) weeks thereafter in accordance with law and decision shall be

communicated to the petitioner by 7 (seven) days thereafter.

It is made clear that suspension of portal shall not be ground to reject the transfer application of the petitioner.

The writ petition stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)