Bibhas Chandra Biswas v. State Of West Bengal And ORS.

06.08.2025 Court No. 18 Item No. 16 (Suvendu) WPA 14029 of 2025 Bibhas Chandra Biswas -VersusThe State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ........for the petitioner Mr. Kanak Kiran Bandyopadhyay ......for the WBCSSC Mr. Amitava Chowdhury Mr. Amartya Pal .......for the State 1) Affidavit of service filed on behalf of the petitioner is taken on record.

2) Petitioner made an application for transfer since wife of the petitioner was suffering from gynecological disorder. Petitioner made transfer application on Utshasree portal far back on 4th July, 2022 and it appears from a document at page 82 of the writ petition that medical examination of wife of the petitioner was conducted in the month of September, 2022.

3) Petitioner prays for direction upon respondent authorities for consideration of his transfer application.

4) It is contended on behalf of the respondent authorities that after making transfer application on 4th July, 2022 on portal three years have passed and due to constant treatment and care health condition of the wife of petitioner may have improved.

5) Having considered the submissions made on behalf of the parties, the District Inspector of Schools (SE), Bakura being respondent no. 5 is directed to obtain medical report from the concerned Chief Medical Officer of Health/ Medical Board afresh on medical examination of wife of the petitioner by four weeks from date of communication of this order. In the medical report Chief Medical Officer of Health/ Medical Board is required to opine considering present health condition of wife of the petitioner whether she 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. 4 by fortnight thereafter. On receipt of transfer application and medical report, respondent no. 4 shall decide the transfer application in accordance with law by

four weeks thereafter. Decision to be taken by respondent no. 4 shall be communicated to the petitioner by fortnight thereafter.

6) Writ petition stands disposed of, without any order as to costs.

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

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

(Saugata Bhattacharyya, J.)