Swarupa Paira v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 11.08.2025 rkd W.P.A. 14468 of 2025 Ct.18 DO Swarupa Paira -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra, Ms. Pritha Biswas, ....for the petitioner.

Mr. Tushar Singha Mahapatra, Mr. Durga Bhusan Mukhopadhyay ....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 on Utsashree portal on 17th May, 2022 since petitioner was suffering from gynecological disorder. From the document at page 33, it appears that petitioner was medically examined in June, 2022.

3.

It is submitted on behalf of the respondent authorities that three years have passed in the meantime. Therefore, due to constant treatment and care health condition of the petitioner may have improved.

4.

In view of respective submissions made on behalf of the parties, District Inspector of Schools (SE), Paschim Medinipur being respondent no.5 is directed to obtain medical report afresh from the concerned Chief Medical Officer of Health/Medical Board on medical examination of the petitioner by four weeks from the date of communication of this order.

5.

In the medical report CMOH/Medical Board is required to opine considering the health condition of the petitioner whether she is required to avoid long journey or not.

6.

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.

7.

On receipt of transfer application and medical report respondent no.4 shall decide the same in accordance with law by eight weeks thereafter. 8.

The decision to be taken by the respondent no.4 shall be communicated to the petitioner by fortnight thereafter.

9.

The writ petition stands disposed of.

10. However, it is made clear that suspension of Utsashree portal shall not be a ground for rejecting

the transfer application of the petitioner.

11. There shall be no order as to costs.

12. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)