Deblina Adhikary v. State Of West Bengal And ORS.

06.06.2022.

Court No.13 Item No. 59 ap W.P.A. No. 8578 of 2022 Deblina Adhikary

Versus

The State of West Bengal & Ors.

Mr. Firdous Samim, Ms. Gopa Biswas, Ms. Mousomi Bhattacharya.

...For the petitioner.

Mr. Raja Saha, Mr. Vivekananda Tripathi.

...For the State.

Mr. Sourav Mitra.

..For the SSC.

The writ petitioner's application for transfer was rejected by the District Inspector of Schools (SE), Howrah, on the ground that her medical condition was not found to be a severe gynaecological abnormality/disorder.

The District Inspector of Schools (SE), Howrah, relied upon a communication of the Office of the Superintendent, District Hospital, Howrah, dated 19th January, 2022 that the petitioner was not suffering from any severe gynaecological disorder.

The petitioner has produced along with this writ petition, a medical report of the Department of Health and Family Welfare, Government of West Bengal, Vidyasagar State General Hospital, dated 4th May, 2022, which has indicated that she was under the treatment for Dysfunctional Uterine Bleeding (DUB)

with a severe problem for 1⁄2 years. She has also been advised, inter alia, to avoid long journeys.

In that view of the matter, the petitioner may apply afresh for transfer with her current medical certificates. The School and the District Inspector of Schools (SE), Howrah, upon receipt of the said application, shall independently verify the petitioner's medical condition afresh and take suitable decision in the matter. A reasoned order may be passed and put upon the portal.

With the aforesaid observations, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)