Piyali Nandi Majumder v. State Of West Bengal And ORS.

04-03-2024 ct no. 13 Sl. 133 sp WPA 3833 of 2024 Piyali Nandi Majumder -VersusThe State of West Bengal & Ors.

Mr. Santanu Maji, Ms. Sayani Biswas ..for the petitioners Mr. N.P. Basu, Mr. Arindam Mitra ....for the State Mr. Ratul Biswas ...for the DPSC, Howrah Mr. Kaushik Chowdhury ...for the WBBPE 1.

The petitioner is serving under the Kolia Amir Ali Primary School, Shyampur East Circle, Howrah. She seeks transfer to any school nearby to her residence within the same Circle. The petitioner has applied primarily on medical grounds.

2.

In the above circumstances, the DPSC, Howrah shall obtain an opinion of the CMOH, Howrah as regards the medical condition of the petitioner and also ascertain whether such condition would prevent the petitioner from travelling the distance of more than 100 kilometers from her residence to the school. The other

grounds indicated for transfer cannot be considered by the DPSC.

3.

The DPSC shall take an appropriate decision and refer the same to the West Bengal Board of Primary Education.

4.

The Board may in consultation with the DPSC, North Parganas, take appropriate decision in accordance with law subject to availability, within a period of 2 months from date.

5.

Each of the respondents shall conduct the above procedure off-line.

6.

With the aforesaid directions, the instant writ petition is disposed of.

7.

There shall be no order as to costs.

8.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Rajasekhar Mantha, J.)