Tapas Kumar Bagdi v. The State Of West Bengal Adn ORS.

03.04.2025 Court No. 18 Item No.18 (Suvendu) WPA 6725 of 2025 Tapas Kumar Bagdi -Versus- The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Pritha Biswas .....for the petitioner Ms. Koyeli Bhattacharya Mr. Bibek Datta Ms. Keya Panja ....for the WBBSE Mr. Avirup Mandal Mr. Bikramjit Mandal ....for the State Mr. Kanak Kiran Bandyopadhyay ....for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner has made an application for transfer on Utshasree portal on 21st December, 2022 since wife of the petitioner is suffering from gynecological disorder.

It is submitted on behalf of the petitioner that on 22nd December, 2022 school authority where petitioner is presently working forwarded the transfer application to the District Inspector of Schools (SE), Bankura being respondent no. 5 for taking further steps but till date wife of the

petitioner has not been medically examined by the concerned Medical Officer/ Chief Medical Officer of Health (CMOH).

Petitioner prays for direction upon respondent authorities for consideration of his transfer application.

Respondents are represented by learned advocates and it is submitted by learned advocate representing State respondents that till date wife of the petitioner has not been medically examined.

Respondent no. 5 is directed to obtain medical report from the concerned Medical Officer/ CMOH on medical examination of wife of the petitioner by four weeks from the date of communication of this order. In the medical report concerned Medical Officer/ CMOH is required to certify that nature of ailment of wife of the petitioner requires constant care and supervision. In the event appropriate medical report is furnished, respondent no. 5 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. 4 by fortnight thereafter. On receipt of transfer application and medical report, respondent no. 4 shall

decide the same in accordance with law by four weeks thereafter and the decision to be taken by respondent no. 4 shall be communicated to the petitioner by ten days thereafter.

However, transfer application of the petitioner shall not be rejected on the ground of suspension of Utshasree portal.

Writ petition stands disposed of.

There shall be, however, no order as to costs.

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

(Saugata Bhattacharyya, J.)