Aditi Mandal v. State Of West Bengal And ORS.

16.06.2022.

Court No.13 Item No. 74 ap W.P.A. No. 15822 of 2021 Aditi Mandal

Versus

The State of West Bengal & Ors.

Mr. Ekramul Bari, Mr. Siddhartha Sankar Mondal, Ms. Tanuja Basak.

...For the petitioner.

Ms. Joyeeta Sinha, Mr. Sayan Ganguly.

...For the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey.

..For the WBCSSC.

Ms. Koyeli Bhattacharyya.

...For the WBBSE.

The petitioner has applied for transfer on medical grounds.

It is indeed true that the head of the institution ought to have first verified the medical condition of the petitioner's husband before returning her application back. The application has been returned on the ground that the teaching an Environmental Science in a School will be evident by reason of the petitioner's transfer. The same cannot be any reason whatsoever for rejecting the petitioner's application.

However, the Court sees that the petitioner's husband is undergoing Dialysis for the past two years. The School is already located in Burdwan Sadar North. The petitioner has applied for transfer and has

chosen three other Schools also within the Burdwan Sadar North.

This Court sees absolutely no reason why the application for transfer should be entertained. In that view of the matter, although rejection of the petitioner has been on medical ground has been inappropriate, no relief can be granted to the petitioner in the particular facts and circumstances of the case. Hence, the instant writ petition must fail and is hereby dismissed.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)