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Calcutta High CourtWPA/6628/2025disposed

Haraprasad Purkait v. State Of West Bengal And ORS.

2025-05-19Hon'Ble Justice Saugata Bhattacharyya3 pages

19.05.2025 Court No. 18 Item No. 11 (Suvendu) WPA 6628 of 2025 Haraprasad Purkait -VersusThe State of West Bengal & Ors.

Mr. Rajesh Naskar Ms. Indrani Roy ........for the petitioner Ms. Supriya Dubey ......for the WBCSSC Ms. Sipra Mazumder Ms. Prativa Ghatak .......for the State Matter relates to transfer of the petitioner since wife of the petitioner was suffering from gynecological disorder.

An application for transfer was made on Utshasree portal on 30th August, 2022. However, report of the concerned Chief Medical Officer of Health is not part of record from where it can be ascertained whether wife of the petitioner is suffering from gynecological disorder which requires constant care and supervision or not. Furthermore, it is pointed out by learned advocate representing respondents that medical reports which are annexed to the writ petition are of 2022 and in the meantime precisely three years have passed and

wife of the petitioner may have recovered due to constant care and treatment.

Having considered the submissions made on behalf of the parties, District Inspector of Schools (SE), Purba Medinipur being respondent no. 5 is directed to obtain report from the concerned Chief Medical Officer of Health/ Medical Board on medical examination of wife of the petitioner by six weeks from date of communication of this order. In the medical report concerned Chief Medical Officer of Health/ Medical Board is required to opine whether ailment of wife of the petitioner is such which requires constant care and supervision or not. If medical report justifies transfer of the petitioner, respondent no. 5 is directed to forward 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 is directed to decide the transfer application of the petitioner by six weeks thereafter. Decision to be taken by respondent no. 4 shall be communicated to the petitioner by ten days thereafter.

Writ petition stands disposed of, without any order as to costs.

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

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

(Saugata Bhattacharyya, J.)