Puspendu Bhattacharjee v. State Of West Bengal And ORS.

02.07.2025 Court No. 18 Item No. 13 (Suvendu) WPA 12594 of 2025 Puspendu Bhattacharjee -VersusThe State of West Bengal & Ors.

Mr. Ujjal Ray Mr. Atreya Chakraborty ........for the petitioner Mr. Sunit Kumar Ray ......for the WBCSSC Mr. Bibekananda Tripathy .......for the State 1) Affidavit of service filed on behalf of the petitioner is taken on record.

2) Petitioner is Headmaster of Baidyapur High School, Murshidabad (hereinafter referred to as "said school"). He made transfer application in prescribed format on 25th March, 2025 since wife of the petitioner is suffering from gynecological disorder. It is submitted on behalf of the petitioner that on receipt of transfer application Managing Committee of said school has issued "No Objection" and same was forwarded to District Inspector of Schools (SE), Murshidabad being respondent no. 5 for taking further steps.

3) Grievance of the petitioner is in spite of receipt of transfer application till date respondent no. 5 has not taken steps.

4) Respondents are represented by learned advocates.

5) Having considered the submissions made on behalf of the parties, writ petition stands disposed of directing respondent no. 5 to obtain medical report from the concerned Chief Medical Officer of Health/ Medical Board on medical examination of wife of the petitioner by three 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. 5 shall forward transfer application of the petitioner along with medical report to the Chairman, West Bengal Central School Service Commission being respondent no. 3 by fortnight thereafter. On receipt of transfer application and medical report, respondent no. 3 shall decide the transfer application in accordance with law by six weeks thereafter. Decision to be taken by respondent no.

shall be

communicated to the petitioner by fortnight thereafter.

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

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

(Saugata Bhattacharyya, J.)