Mukul Biswas v. The State Of West Bengal And ORS.

20.06.2025 Court No. 18 Item No. 10 (Suvendu) WPA 11278 of 2025 Mukul Biswas -VersusThe State of West Bengal & Ors.

Ms. Cardina Roy Mr. Mridul Biswas ........for the petitioner Mr. Sunit Kumar Roy ......for the WBCSSC Md. Mokaram Hossain .......for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ....for the WBBSE Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner made transfer application on Utshasree portal on 4th January, 2022 since wife of the petitioner was suffering from gynecological disorder. It is submitted on behalf of the petitioner that transfer application of the petitioner was forwarded by the concerned school authority to the respondent authorities for taking steps through portal and prayer is made for consideration of said transfer application.

It is submitted on behalf of respondents that wife of the petitioner was medically examined prior to 28th January, 2022 and subsequently more than three years have passed. Due to constant treatment and care health condition of wife of the petitioner may have improved by this time.

Having considered the submissions made on behalf of the parties, the District Inspector of Schools (SE), Murshidabad being respondent no. 8 is directed to obtain medical report from the concerned Chief Medical Officer of Health/ Medical Board on medical examination of wife of the petitioner by four weeks from date of communication of this order. In the medical report Chief Medical Officer of Health/ Medical Board is required to opine whether wife of the petitioner requires constant care and supervision or not. If medical report justifies transfer of the petitioner, respondent no. 8 shall forward transfer application of the petitioner along with medical report to the Secretary, West Bengal Central School Service Commission being respondent no. 5 by fortnight thereafter. On receipt of transfer application and medical report, respondent no. 5 shall decide the transfer application in accordance with law by six weeks thereafter. Decision to be taken by

respondent no. 5 shall be communicated to the petitioner by ten days thereafter.

Writ petition stands disposed of, without any order as to costs.

However, transfer application of the petitioner shall not be rejected on the ground of suspension of Utshasree portal.

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

(Saugata Bhattacharyya, J.)