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Calcutta High CourtWPA/12285/2025disposed

Sathi Roy v. The State Of West Bengal And ORS.

2025-06-25Hon'Ble Justice Saugata Bhattacharyya3 pages

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(DL) (DL) 25.06.2025 25.06.2025 Ct. No. 18 (ARPAN)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 12285 OF 2025 Sathi Roy Vs.

The State of West Bengal & Others Mr. Sudip Ghosh Chowdhury, Adv.

Ms. Shreyeta Mitra, Adv.

Ms. Debolina Chakraborty, Adv.

Ms. Pritha Biswas, Adv.

Mr. Subhodeep Maitra, Adv.

...for the Petitioner Mr. Pinaki Dhole, Adv.

Mr. Avishek Prasad, Adv.

...for the State Mr. Sunit Kumar Roy, Adv.

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

Ms. Koyeli Bhattacharyya, Adv.

Mr. Bibek Dutta, Adv.

...for W.B.B.S.E.

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

2) Petitioner made an application for transfer on Utsashree portal on 13th November, 2022, which was forwarded by the school authority where petitioner is presently working on the same date, that is, on 13th November, 2022 to the District Inspector of Schools (S.E.), Nadia being respondent no.5 for processing the same.

3) Grievance of the petitioner is in spite of receipt of transfer application by the respondent no.5 far back on 13th November, 2022, till date no steps have been

taken. It is contended that petitioner is suffering from gynaecological disorder.

4) Respondents are represented by learned advocates. 5) Respondent no.5 is directed to obtain medical report from the concerned Chief Medical Officer of Health/ Medical Board on medical examination of the petitioner within four (4) weeks from the date of communication of this order. In the medical report CMOH/ Medical Board is required to opine considering the present health condition of the petitioner whether she is required to avoid long distance journey or not. If medical report justifies transfer of the petitioner, transfer application along with medical report shall be forwarded to the Chairman, West Bengal Central School Service Commission being respondent no.4 by the respondent no.5 within a period of fortnight thereafter. On receipt of transfer application along with medical report respondent no.

4 shall decide the same, in accordance with law, by six (6) weeks thereafter and the decision to be taken by respondent on.4 shall be communicated to the petitioner by fortnight thereafter. 6) However, it is made clear that transfer application of the petitioner shall not be rejected on the ground of suspension of portal.

7) With the above directions, writ petition stands disposed of.

8) Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)