Maitreyee Nayak v. State Of West Bengal And ORS.

28.09.2022 (S/L-1) Ct.-18 (P. Jana)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRITJURISDICTION APPELLATE SIDE WPA 11386 of 2022 Maitreyee Nayak -versus- The State of West Bengal & ors.

Mr. K.M. Hossain, ... for the petitioner.

Ms. Chaitali Bhattacharya, Ms. Sanjukta Samanta, ... for the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey, ... for the WBBSE.

The grievance of the petitioner is that her application for transfer has been returned by the School Service Commission, the respondent no. 3 herein, for want of proper CMOH certificate although such certificate was submitted along with the application.

Dr.

Patra learned counsel for the commission submits that the concerned District Inspector of Schools (SE) is obliged to upload such certificate if the same is provided by the petitioner but no such certificate was uploaded in the relevant portal.

The status report of the petitioner's application for transfer downloaded from Uthsashree portal indicates that the said District

Inspector of School (SE), the respondent no. 5 herein has recommended the transfer of the petitioner as per the MSVP report.

The said report when is not available with the commission, the said respondent no. 5 is required to upload it in the portal.

The respondent no. 5 is therefore directed to upload the said Medical Certificate of the MSVP within seven days from the date of communication of this order and the commission shall thereafter proceed to consider the prayer of the petitioner for transfer.

The Writ Petition 11386 of 2022 is thus disposed of with the above terms without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)