Chandrima Biswas v. The State Of West Bengal And ORS

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(DL) (DL) 14.07.2025 14.07.2025 Ct. No. 18 (ARPAN)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 13247 OF 2025 Chandrima Biswas Vs.

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

Ms. Shreyeta Mitra, Adv.

Ms. Pritha Biswas, Adv.

...for the Petitioner Mr. Sailendra Nath Chakraborty, Adv.

Md. Mudassar N. Chowdhury, Adv.

...for the State Mr. Sourav Mitra, Adv.

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

Ms. Koyeli Bhattacharyya, Adv.

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

Mr. Sourodeep Singha, Adv.

...for School Authority 1.

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

2.

Petitioner has preferred an application for transfer on medical ground in prescribed pro-forma on 3rd June, 2025.

3.

Learned advocate for the petitioner submits petitioner is suffering from renal failure as well as gynaecological disorder. School authority where petitioner is presently working has issued 'No Objection' certificate in favour of the petitioner on 3rd June, 2025 but it is submitted that said school authority is not forwarding the transfer application of the petitioner to the District

Inspector of Schools (S.E.), Howrah being respondent no.5 for taking further steps.

4.

Respondents are represented by learned advocates. 5.

School authority being respondent no.6 is directed to forward the transfer application of the petitioner by seven (7) days from the date of communication of this order to the District Inspector of Schools (S.E.), Howrah being respondent no.5.

6.

On receipt of transfer application 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 a period of four (4) weeks thereafter. In the medical report CMOH/ Medical Board is required to opine considering nature of ailment of the petitioner whether petitioner is required to avoid long distance journey or not. If medical report justifies transfer of the petitioner, respondent no.5 shall forward the 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 respondent no.4 shall take decision, in accordance with law, within four (4) weeks thereafter and the decision shall be communicated to the petitioner by fortnight thereafter.

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It is made clear that suspension of portal shall not be a ground to reject transfer application of the petitioner. 8.

With the above directions, writ petition stands disposed of.

9.

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