Apurba Sarkar v. The State Of West Bengal And ORS.

S/L. 12.

May 1, 2025.

KAUSHIK.

WPA No. 8499 of 2025 Apurba Sarkar Vs.

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

Mr. Sunit Kumar Roy ... for the WBCSSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ... for the WBBSE Mr. Amitava Mitra Ms. Sanjukta Samanta ... for the State Affidavit of service filed in Court is taken on record.

Matter relates to transfer of the petitioner on the ground of disability and an application was made on 'Utsashree Portal' on 21st August, 2021. While examining the transfer application, West Bengal Central School Service Commission (WBCSSC) found that there is requirement to resubmit updated disability certificate. Transfer application through concerned District Inspector of Schools (S.E.) went back to the petitioner. Subsequently, petitioner obtained disability certificate, which is at page 22 of the writ petition, issued by the competent Medical Board of Malda

Medical College and Hospital on 5th August, 2022. As per medical certificate, petitioner is found to have 60 per cent disability. Petitioner prays for consideration of his transfer application on the strength of disability certificate dated 5th August, 2024.

Respondents are represented by learned advocates.

Since as per instruction of WBCSSC, as it appears from a document at page 25 of the writ petition, petitioner was directed to resubmit updated disability certificate and subsequent thereto, petitioner obtained disability certificate on 5th August, 2022; same is required to be considered by WBCSSC in accordance with law.

School authority is directed to forward the transfer application of the petitioner along with disability certificate dated 5th August, 2022 to the District Inspector of Schools (S.E.), Murshidabad being respondent no. 5 by seven days from the date of communication of this order. On receipt of transfer application and disability certificate, the respondent no. 5 shall forward it to the Chairman, WBCSSC being respondent no. 4 by fortnight thereafter. On receipt of transfer application and disability certificate, respondent no. 4 shall decide the same by four weeks thereafter. The decision to be taken by the

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 petitioner.

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.)