Karabi Halder v. The State Of West Bengal And ORS.

S/L. 10.

April 30, 2025.

KAUSHIK.

WPA No. 7926 of 2025 Karabi Halder Vs.

The State of West Bengal and Others Mr. Sudip Ghosh Chowdhury Ms. S. Mitra Ms. Pritha Biswas ... for the petitioner.

Mr. Sourav Mitra ... for the WBCSSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ... for the WBBSE Mr. Sougata Mitra Ms. Soma Chakraborty ... for the State Affidavit of service filed in Court is taken on record.

Matter relates to transfer of the petitioner on the ground of gynecological disorder and an application was made on 'Utsashree Portal' on 31st July, 2022.

It is submitted that the school authority where the petitioner is presently working forwarded the transfer application of the petitioner to the District Inspector of School (S.E.), Purulia, being the respondent no. 5 on 25th August, 2022 through portal but the grievance of the petitioner is on receipt of transfer application till date respondent no. 5 has not obtained medical report

from the concerned Chief Medical Officer of Health (CMOH)/Medical Board. Petitioner prays for direction upon the respondent no. 5 for medical examination of the petitioner, which may facilitate petitioner's transfer on medical ground. Respondents are represented by learned advocates.

Respondent no. 5 is directed to obtain medical report from concerned CMOH/Medical Board by four weeks from the date of communication of this order on medical examination of the petitioner. In the medical report concerned CMOH/Medical Board is required to opine considering nature of ailment of the petitioner whether she is required to avoid long distance journey or not. In the event, medical report justifies transfer of the petitioner, respondent no.

shall forward transfer application along with medical report by fortnight thereafter to the Chairman, West Bengal Central School Service Commission (WBCSSC) for taking decision. On receipt of transfer application and medical report, respondent no. 4 shall finally decide the transfer application of the petitioner by four weeks thereafter. Decision to be taken by respondent no. 4 shall be communicated to the petitioner by ten days thereafter.

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

Writ petition stands disposed of.

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

(Saugata Bhattacharyya, J.)