Pousali Chakraborty v. The State Of West Bengal And ORS.

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(DL) (DL) 19.05.2025 19.05.2025 Ct. No. 18 (ARPAN) W.P.A. 8241 OF 2025 Pousali Chakraborty Vs.

The State of West Bengal & Others Mr. Rajesh Naskar, Adv.

...for Petitioner Mr. Sunit Kumar Roy, Adv.

...for W.B.C.S.S.C.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner since petitioner is suffering from Gynaecological disorder. An application was made on Utsashree portal on 14th March, 2022 and the grievance of the petitioner is till date transfer application of the petitioner has not been decided.

It is submitted by learned advocate representing West Bengal Central School Service Commission that medical report, which is annexed to this writ petition at page 35 is dated 5th April, 2022 and in the meantime, health condition of the petitioner may have improved due to constant care and treatment.

In view of rival submissions made on behalf of the parties, this Court directs District Inspector of Schools (S.E.), Hooghly being respondent no.5 to obtain a fresh medical report from the concerned Chief Medical Officer of Health/ Medical Board on examination of the petitioner by six (6) weeks from the date of communication of this order. Concerned CMOH/ Medical

Board is required to opine in the report considering nature of ailment of the petitioner, whether petitioner is required to avoid long distance journey or not. If medical report justifies transfer of the petitioner, respondent no.5 is directed to forward the transfer application along with medical report to the Chairman, West Bengal Central School Service Commission being respondent no.4 by fortnight thereafter. On receipt of such transfer application and medical report respondent no.4 shall decide the transfer application by four (4) weeks thereafter and the decision to be taken shall be communicated to the petitioner by fortnight thereafter. It is made clear that suspension of portal shall not be a ground to reject transfer application of the petitioner.

With the above directions, writ petition stands disposed of.

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

(Saugata Bhattacharyya, J.)