Sudarshana Das v. State Of West Bengal And ORS.
D/L Item No. 10 13.08.2025 KOLE 265704 WPA 14886 of 2025 Sudarshana Das -Vs.- The State of West Bengal & Ors.
Mr. Sudip Ghosh Chowdhury, Ms. S. Mitra, Ms. P. Biswas, ... for the petitioner.
Mr. Biswajit Dey, Mr. Debdutta Basu, .... For the State.
Ms. Koyeli Bhattacharyya, .... For the WBBSE.
Mr. S. Kr. Roy, ... for the SSC.
Affidavit of service filed by the petitioner be kept with the records.
The petitioner applied for transfer on medical grounds on Utsashree portal on 21st February, 2022 since petitioner was suffering from gynecological disorder.
From the document at page 20 of the writ petition, it appears that the petitioner was medically examined in February - March, 2022. It is submitted by the learned Advocates representing the respondents that three years have passed in the meantime and due to constant treatment and care health condition of the petitioner may have improved. It is submitted by the learned Advocate representing the petitioner that the petitioner is ready to appear before the medical expert for re-examination.
Having considered the submissions made on behalf of the parties, the District Inspector of Schools (SE), Pashim
Medinipur, being the respondent no. 5 is directed to obtain medical report afresh on medical examination of the petitioner from the concerned Chief Medical Officer of Health/Medical Board by four weeks from the date of communication of this order. In the medical report, CMOH/Medical Board is required to opine considering the present health condition of the petitioner whether she is required to avoid long distance journey or not taking into consideration the distance in between the present school of the petitioner and her residence which is only 21 kilometers. If the medical report justifies transfer of the petitioner, the respondent no. 5 shall forward transfer application along with medical report to the Chairman, West Bengal Central School Service Commission, being the respondent no. 4 by a fortnight thereafter.
On receipt of transfer application, respondent no. 4 shall decide the same in accordance with law by six weeks thereafter. The decision to be taken by the respondent no. 4 shall be communicated to the petitioner by a fortnight thereafter. It is made clear that suspension of portal shall not be a ground for rejection of transfer application of the petitioner. With the aforesaid observations, WPA No. 14886 of 2025 stands disposed of.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Saugata Bhattacharyya, J.)