Pran Krishna Mandal v. The State Of West Bengal And ORS.

25.06.2025 Ct. No. 18 adeb W.P.A. 12259 of 2025 Pran Krishna Mandal Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Choudhury Ms. Shreyeta Mitra Ms. Debalina Chakraborty Ms. Pritha Biswas Mr. Subhadeep Moitra ...for the petitioner Mr. Pinaki Dhole Ms. Indrani Nandi ...for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ..for the WBBSE Mr. Sourav Mitra ...for the WBCSSC

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

2. Petitioner made an application for transfer in prescribed proforma on 21st March, 2025 on medical ground since petitioner has donated one kidney to his ailing minor son who was suffering from serious renal disease. Application is made for transfer on medical ground by the petitioner and school authority where petitioner is presently working has issued no objection. It is submitted due to suspension of portal school authority being respondent no. 6 is not forwarding the transfer application in offline mode to the District

Inspector of Schools (SE) Purulia being respondent no. 5.

3. State respondents, West Bengal Board of Secondary Education and West Bengal Central School Service Commission are represented by learned advocates.

4. Since respondent no. 6 has issued no objection said respondent no. 6 is directed to forward transfer application of the petitioner in offline mode to respondent no. 5 by 7 (seven) days from the date of communication of this order. On receipt of transfer application respondent no. 5 shall obtain medical report on medical examination of the petitioner within 3 (three) weeks from concerned Chief Medical Officer of Health/Medical Board.

Concerned CMOH /Medical Board is required to opine in the report that nature of ailment of the petitioner is such which requires petitioner to avoid long distance journey or not. If medical report justifies transfer of the petitioner, respondent no. 5 shall forward 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 in accordance with law by 4 (four) weeks thereafter and decision to be

communicated to the petitioner by 10 (ten) days thereafter.

5. It is made clear that suspension of portal shall not be a ground to reject transfer application of the petitioner.

6. Writ petition stands disposed of.

7. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)