Madhumita Dey v. State Of West Bengal And ORS.

AD-161 17.11.2025 Court No.18 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 8188 of 2024 Madhumita Dey -versus State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ... For the petitioner Mr. Sunit Kumar Roy ... For the WBSSC Ms. Koyeli Bhattacharyya (through VC) ... For the WBBSE 1.

Affidavit of service filed in Court is taken on record. 2.

The reasoned order dated 22nd March, 2023 passed by the Headmaster of the School rejecting the petitioner's prayer for transfer on medical ground as the petitioner was a single subject teacher is impugned in the instant writ petition.

3.

As per the notification dated 8th September, 2021, application for transfer made on medical ground is exempted from the restriction of transfer in respect of single subject teacher. It appears that the School had applied wrong Rule to reject the prayer for transfer of the petitioner.

4.

Learned advocate representing the Commission submits that the prayer of the petitioner for transfer on medical ground will be considered.

5.

In view of the above, the reasoned order dated 22nd March, 2023 stands set aside.

6.

The Head of the institution is directed to consider the prayer of the petitioner for transfer on self medical ground.

7.

A decision shall be taken at the earliest but positively within a period of eight weeks from the date of communication of this order and necessary consequential steps in accordance with law be taken without any further delay.

8.

The writ petition stands disposed of.

9.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Amrita Sinha, J.)