Sujan Mondal v. State Of West Bengal And ORS.

12.03.2025 Ct. No. 18 adeb W.P.A. 5194 of 2025 Sujan Mondal Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra ...for the Petitioner Mr. Subrata Guhu Biswas Mr. Satyajit Mahata ...for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for the Board Dr. Sutanu Kumar Patra Ms. Supriya Dubey ...for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.

The grievance of the petitioner is District Inspector of Schools (SE) Nadia being respondent no. 5 though forwarded the transfer application to the West Bengal Central School Service Commission through portal on 28th April, 2022 but till date no decision has been taken by the Commission.

It is submitted by the learned advocate for the petitioner that wife of the petitioner is suffering from gynecological disorder. However, medical report furnished by the concerned

medical officer before the respondent no. 5 is not available on record.

Since on perusal of a document at page 21 of the writ petition it appears that respondent no. 5 forwarded the transfer application on 28th April, 2022 it transpires that medical report must have been obtained by the respondent no. 5 from the concerned medical officer prior to 28th April, 2022. It may so happen that by this time the wife of the petitioner might have been cured on administering constant treatment.

Therefore, fresh medical examination is required to be made in order to ascertain present health condition of the wife of the petitioner.

The respondent no. 5 is directed to obtain medical report on medical examination of the wife of the petitioner by 3 (three) weeks from the date of communication of this order. In the medical report concerned medical officer shall disclose considering nature of ailment of the wife of the petitioner whether constant care and supervision is required or not. If medical report justifies transfer of the petitioner respondent no. 5 shall forward the medical report along with transfer application of the petitioner to the West Bengal Central School Service Commission by fortnight from the date of receiving medical report from the

concerned medical officer. On receipt of transfer application and medical report the Chairman, West Bengal Central School Service Commission being respondent no. 4 shall decide the same by 4 (four) weeks thereafter in accordance with law. The decision to be taken by the respondent no. 4 shall be communicated to the petitioner by 10 (ten) days thereafter.

The writ petition stands disposed of.

Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)