Somosukla Bhunia v. State Of West Bengal And ORS.

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(DL) (DL) 23.05.2025 23.05.2025 Ct. No. 18 (ARPAN) W.P.A. 10398 OF 2025 Somosukla Bhunia Vs.

The State of West Bengal & Others Mr. Shuvro Prokash Lahiri, Adv.

Mr. Rajesh Naskar, Adv.

Ms. Indrani Roy, Adv.

Mr. Ankan Mondal, Adv.

...for the Petitioner Mr. Swapan Kumar Datta, AGP Mr. Rajat Datta, Adv.

...for the State Dr. Sutanu Kumar Patra, Adv.

Ms. Supriya Dubey, Adv.

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

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

An application for transfer dated 26th March, 2025 has been filed by the petitioner in prescribed format since she is suffering from cancer as submitted by learned advocate representing the petitioner. School authority where petitioner is presently working on 7th April, 2025 issued 'No Objection' certificate and forwarded the transfer application to the District Inspector of Schools (S.E.), Paschim Medinipore being respondent no.5 for processing the same.

Mr. Datta, learned Additional Government Pleader representing the State respondents submits that petitioner is required to be medically examined by the concerned Chief Medical Officer of Health/ Medical Board in order to find out nature of ailment of the petitioner.

Respondent no.5 is directed to obtain medical report on medical examination of the petitioner by the concerned CMOH/ Medical Board by four (4) weeks from the date of communication of this order. CMOH/ Medical Board is required to opine whether petitioner is to avoid long distance journey considering nature of ailment or not. If medical report justifies transfer of the petitioner, in that event, respondent no.5 shall 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 transfer application and medical report, respondent no.4 shall decide the same by four (4) weeks thereafter and the decision to be communicated to the petitioner by ten (10) days thereafter.

However, it is made clear that transfer application shall not be rejected on the ground of suspension of portal. 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.)