Sisir Mondal v. State Of West Bengal And ORS.

183.

183.

(ML) (ML) 09.06.2025 09.06.2025 Ct. No. 18 (ARPAN) W.P.A. 4677 OF 2025 Sisir Mondal Vs.

The State of West Bengal & Others Mr. Jayanta Kumar Das, Adv.

Mr. Goutam Kumar Basak, Adv.

...for the Petitioner Mr. Abhishek Banerjee, Adv.

Mr. Bishnupada Jana, Adv.

...for the State Mr. Sunit Kumar Roy, Adv.

...for W.B.C.S.S.C.

Ms. Koyeli Bhattacharyya, Adv.

Ms. Keya Panja, Adv.

...for W.B.B.S.E.

In terms of the order dated 6th March, 2025 a report is filed by the District Inspector of Schools (S.E.), Murshidabad in the form of affidavit affirmed on 24th April, 2025 and same is taken on record.

On perusal of the report, it appears that a medical report dated 19th April, 2022 is enclosed therewith. It is pointed out by the learned advocates representing the respondent authorities that due to constant treatment, health condition of wife of the petitioner may have improved. Therefore, further medical examination is required to ascertain the present health condition of wife of the petitioner since medical report is dated 19th April, 2022.

Having considered the submissions made on behalf of the parties, District Inspector of Schools (S.E.), Murshidabad being respondent no.7 is directed to obtain a medical report afresh on medical examination of wife of the

petitioner by four (4) weeks from the date of communication of this order from the concerned Chief Medical Officer of Health/ Medical Board. CMOH/ Medical Board is required to opine in the medical report whether considering the present health condition of wife of the petitioner, she requires constant medical care and supervision or not. If medical report justifies transfer of the petitioner, in that event, respondent no.7 is directed to forward the transfer application of the petitioner along with medical report to the Chairman, West Bengal Central School Service Commission being respondent no.6 by fortnight thereafter. On receipt of transfer application and medical report, respondent no.6 shall decide the same, in accordance with law, by six (6) weeks thereafter and the decision to be communicated to the petitioner by fortnight thereafter. However, it is made clear that transfer application of the petitioner shall not be rejected on the ground of suspension of portal.

With the above directions, 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.)