Tapashi Das Makhal @ Tapashi Makhal v. State Of West Bengal And ORS.

ML 130 01.09.2025 Ct. No. 18 adeb W.P.A. 4316 of 2025 Tapashi Das Makhal @ Tapashi Makhal Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ...for the petitioner Mr. Jayanta Samanta Ms. Indumouli Banerjee ...for the State Mr. Kanak Kiran Bandopadhyay Mr. Sunit Kr. Roy ...for the SSC

1. In terms of the previous order a report is filed by the District Inspector of Schools (SE) Howrah dated 23rd June, 2025 enclosing medical report, same is taken on record.

2. On perusal of the report it appears that petitioner was found to be suffering from severe gynecological abnormality as it appears from the report dated 28th September, 2022 furnished by the Medical Board. It also appears from page 30 of the writ petition that transfer application was made on Utsashree Portal on 25th July, 2022 since petitioner was suffering from gynecological disorder and on perusal of the medical report furnished by the Medical Board dated 28th September, 2022 prima facie it appears that transfer application of the petitioner on medical ground is justified based on medical report. Transfer application

was forwarded by the school authority to the concerned District Inspector of Schools and thereafter it was forwarded to the West Bengal Central School Service Commission far back on 18th October, 2022 but decision on such transfer application is yet to be taken by the concerned authority of the Commission.

3. Commission is represented by learned advocate who has submitted that due to suspension of portal contemporaneous decision could not be taken on transfer application.

4. Taking note of the medical report furnished by the Medical Board on 28th September, 2022 Chairman, West Bengal Central School Service Commission being respondent no. 4 is directed to decide transfer application of the petitioner by 4 (four) weeks from the date of communication of this order. While taking decision medical report dated 28th September, 2022 shall be given due weightage. Decision to be taken by the respondent no. 4 shall be communicated to the petitioner by fortnight thereafter.

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

6. Writ petition stands disposed of.

7.

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

(Saugata Bhattacharyya, J.)