Sandipan Nag v. The State Of West Bengal And ORS.

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(DL) (DL) 16.04.2025 16.04.2025 Ct. No. 18 (ARPAN) W.P.A. 7394 OF 2025 Sandipan Nag Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Adv.

...for the Petitioner Mr. Kanak Kiran Bandyopadhyay, Adv.

...for W.B.C.S.S.C Ms. Koyeli Bhattacharyya, Adv.

Ms. Keya Panja, Adv.

...for W.B.B.S.E Affidavit-of-service filed on behalf of the petitioner is taken on record.

Petitioner has made application for transfer on medical ground since wife of the petitioner is suffering from gynaecological disorder. It is submitted that application was made on 21st August, 2022 seeking transfer on Utsashree portal and same was forwarded by the school authority where petitioner is presently working to the concerned District Inspector of Schools (S.E.) for processing the same. On receipt of transfer application, District Inspector of Schools (S.E.), South 24 Parganas has processed the transfer application and forwarded the same through portal to the West Bengal Central School Service Commission on 29th September, 2022 for taking final decision.

In support of submission made on behalf of the petitioner, reliance is placed on the medical report dated 26th September, 2022 issued by Chief Medical Officer of Health, Diamond Harbour Health District

wherein it has been specifically advised that the patient needs regular follow up for her gynaecological disorder.

Grievance of the petitioner is in spite of receipt of transfer application far back on 29th September, 2022, said transfer application of the petitioner is yet to be decided.

Respondents are represented by learned advocates who have jointly submitted that due to suspension of portal, contemporaneous decision could not be taken on transfer application of the petitioner. It is submitted on behalf of West Bengal Central School Service Commission that if appropriate authority is directed, application for transfer of the petitioner will be decided, in accordance with law. Having perused the medical certificate dated 26th September, 2022, this Court finds that the concerned CMOH has opined that patient needs regular follow up with familial guidance for her gynaecological disorder. Therefore, respondent authorities are required to consider the transfer application of the petitioner expeditiously.

Writ petition stands disposed of directing the Chairman, West Bengal Central School Service Commission being respondent no.4 to decide the

transfer application of the petitioner by four (4) weeks from the date of communication of this order. The decision to be taken by respondent no.4 shall be communicated to the petitioner by ten (10) days thereafter.

It is made clear that suspension of portal shall not be a ground to reject transfer application of the petitioner.

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

(Saugata Bhattacharyya, J.)