Dipankar Das v. The State Of West Bengtal And ORS.

21.05.2025 Ct. No. 18 adeb W.P.A. 9577 of 2025 Dipankar Das Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Debalina Chakraborty Ms. Pritha Biswas Mr. Subhadeep Maitra ...for the Petitioner Mr. Rabindranarayan Dutta Ms. Indrani Nandi ...for the State Md. Sarwar Jahan Sk. Nayeemul Haque .. for the DPSC, Murshidabad Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner is a primary teacher working in a school in Murshidabad and made application for transfer on self medical ground on Utsashree Portal. Relying upon document at page 31 of the writ petition it is submitted on behalf of the petitioner that transfer application was forwarded by the concerned Sub-Inspector of Schools to the Chairman, District Primary School Council, Murshidabad on 23rd August, 2021. It is also submitted that petitioner was medically examined

by the concerned Chief Medical Officer of Health after his case was forwarded by the concerned authority of District Primary School Council, Murshidabad to the CMOH seeking medical report. However, medical report is not part of record.

Chairman, District Primary School Council, Murshidabad being respondent no. 4 is directed to consider the medical report if it is furnished by the CMOH or Medical Board and in the medical report if it is opined by medical expert that nature of ailment of the petitioner is such that he is required to avoid long distance journey in that event respondent no. 4 shall decide transfer application of the petitioner based on medical report by 6 (six) weeks from the date of communication of this order. The decision to be taken by the respondent no. 4 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.

Writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)