Nabanita Malik v. State Of West Bengal And ORS.

20.06.2025 Ct. No. 18 adeb W.P.A. 9960 of 2025 Nabanita Malik Vs.

The State of West Bengal & Ors.

Mr. Shyamal Kumar Mukherjee Mr. Susanta Kumar Gangopadhyay Mr. Arun Kumar Chakraborty Ms. Subhasree Banerjee ...for the petitioner Mr. Mukti Chandra Ghosh Ms. Rinku Sen ...for the State Ms. Supriya Dubey ...for the WBCSSC Affidavit of service filed on behalf of the petitioner is taken on record.

In spite of serving notice upon the authorities of Bansberia Girls High School, Hooghly (hereinafter referred to as 'said school') being respondent nos. 6 and 7 those respondents are not represented.

Grievance of the petitioner is in spite of making an application seeking transfer on medical ground in prescribed format said school authority is not issuing no objection and transfer application is pending before the school authority. It is also submitted by the learned advocate representing the petitioner that petitioner met an accident in the month of June, 2024 and

sustained severe injury as a result whereof petitioner is finding it difficult to attend the school which is situated far away from the place of residence of the petitioner.

State respondents and West Bengal Central School Service Commission are represented by learned advocates.

Headmistress of Bansberia Girls High School, Hooghly being respondent no. 7 is directed to issue 'no objection' in favour of the petitioner for her transfer by 7 (seven) days from the date of communication of this order.

Respondent no. 7 is also directed to forward transfer application of the petitioner which was made in prescribed format to the District Inspector of Schools (SE) Hooghly being respondent no. 5 by 7 (seven) days thereafter in offline mode.

On receipt of transfer application respondent no. 5 shall obtain medical report from concerned Chief Medical Officer of Health/Medical Board on medical examination of the petitioner by fortnight thereafter.

In the medical report considering nature of injury sustained by the petitioner Chief Medical Officer of Health/Medical Board is required to opine whether petitioner is required to avoid long distance journey or not. If

medical report justifies transfer of the petitioner respondent no.

shall forward transfer application along with medical report to the Chairman, West Bengal Central School Service Commission being respondent no. 3 by fortnight thereafter. On receipt of transfer application and medical report respondent no. 3 shall decide transfer application in accordance with law within 4 (four) weeks thereafter and the decision to be communicated to the petitioner by 10 days 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 the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)