Ananda Gopal Salui v. State Of West Bengal And ORS.

rkd 13.03.2025 Ct.18 W.P.A. 5272 of 2025 Ananda Gopal Salui -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury ....for the petitioner.

Mr. Sailendra Nath chakraborty, Sk. Abu Jafar ....for the State.

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

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

Affidavit-of-service filed on behalf of the petitioner is taken on record.

Petitioner has prayed for transfer by preferring an application on Utsashree portal on 24th January, 2022 since wife of the petitioner is suffering from gynecological disorder.

In support of the same reliance is placed on medical certificate dated 16th February, 2022 issued by the Block Medical Officer of Health, Raipur Rural Hospital, Bankura.

On perusal of the said certificate dated 16th February, 2022 it appears that wife of the petitioner was not medically examined by the concerned BMOH rather on production of medical

document such certificate was issued.

Furthermore, in terms of the procedure wife of the petitioner is required to be examined by the concerned Chief Medical Officer of Health.

The District Inspector of Schools (SE), Bankura being respondent no.4 is directed to obtain medical report from the concerned CMOH after medical examination of the wife of the petitioner by three weeks from the date of communication of this order.

In the medical certificate the concerned medical officer is required to certify considering the nature of ailment of the wife of the petitioner whether constant supervision and care is required or not.

If medical report justifies transfer of the petitioner respondent no.4 shall forward the medical report along with transfer application to the West Bengal Central School Service Commission by fortnight thereafter.

On receipt of transfer application and medical certificate the Chairman, West Bengal Central School Service Commission shall decide the same by four weeks thereafter.

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

days thereafter.

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.)