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Calcutta High CourtWPA/4463/2025disposed

Gayatri Singh v. State Of West Bengal And ORS.

2025-04-07Hon'Ble Justice Saugata Bhattacharyya3 pages

W.P.A. 4463 of 2025 07.04.2025 Ct.18 rkd Smt. Gayatri Singh -vsThe State of West Bengal & Ors.

Mr. Chittapriya Ghosh, Ms. Priyanka Saha ....for the petitioner.

Mr. Shuvro Prokash Lahiri, Ms. Tapati Samanta ....for the State.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta, Ms. Keya Panja ....for the WBBSE.

Mr. Kanak Kiran Bandyopadhyay ....for the WBCSSC.

In terms of the order dated 6th March, 2025 a report dated 12th March, 2025 is filed on behalf of the District Inspector of Schools (SE), Purba Medinipur and same is taken on record.

In the report a medical certificate dated 27th September, 2022 is annexed wherefrom it appears that ten applicant teachers including the petitioner were medically examined and reports in connection with those ten teachers were furnished by the Additional Medical Superintendent, Tamralipto Government Medical College & Hospital, Purba Medinipur dated 27th September, 2022 in tabular form addressed to the Chief Medical Officer of Health.

It is submitted on behalf of the West Bengal Central School Service Commission and the State

respondents that this medical report is dated 27th September, 2022 in the meantime medical condition of the petitioner may have been improved due to constant treatment.

The learned advocate representing the petitioner also submits that petitioner is ready to appear before the concerned Chief Medical Officer of Health/Medical Board for reexamination.

In view of the aforesaid submissions made on behalf of the parties District Inspector of Schools (SE), Purba Medinicpur being respondent no.7 is directed to obtain fresh medical report from the concerned Chief Medical Officer of Health/Medical Board by four weeks from the date of communication of this order. Chief Medical Officer of Health/Medical Board shall examine the petitioner and opine whether nature of ailment of petitioner is such which requires constant care and supervision as well as petitioner is required to avoid long distance journey.

If medical report justifies transfer of the petitioner respondent no.7 shall forward the transfer application along with medical report to the Chairman, West Bengal Central School Service Commission by fortnight thereafter and on receipt of same the Chairman shall decide the transfer application by four weeks thereafter

The decision to be taken by the Chairman shall be communicated to the petitioner by ten days thereafter.

However, it is made clear that suspension of Utsashree portal shall not be a ground for rejecting the transfer application of the petitioner.

Leave is granted to the learned advocate for the petitioner to amend the cause title and add Chairman, West Bengal Central School Service Commission as additional respondent in course of this day.

Service of notice upon the additional respondent stands dispensed with since West Bengal Central School Service Commission is represented by learned advocate.

The writ petition stands disposed of.

However, there shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)