Deblina Chaudhuri v. State Of West Bengal And ORS.

22.08.2022.

Court No.13 Item No. 50 ap W.P.A. No. 15488 of 2022 Debalina Chaudhuri

Versus

The State of West Bengal & Ors.

Mr. Sakti Pada Jana, Mr. Subhajyoti Das.

...For the petitioner.

Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee.

...For the State.

Mr. Pankaj Halder, Mr. Sanatan Panja.

...For the respondent no.7.

Affidavit-of-service filed in Court today be taken on record.

The petitioner is aggrieved that her application for transfer on the medical grounds of her son has been declined by the respondents.

The respondents have found that the petitioner's son's ailment i.e. Moderate Autism Spectrum Disorder is not a severe medical condition warranting transfer on medical grounds.

Counsel for the School and the State submit that there are a large number of other teachers covering the same distance. The petitioner's husband is also posted closed by to their residence.

This Court is of the view that no relief can be granted in this writ petition since the opinion of the

CMOH and BHOM, cannot be challenged before this Court.

The petitioner may, if otherwise, entitled to under the 2015 Rules apply for transfer afresh in accordance with law.

With the aforesaid observations, the writ petition shall stand disposed of.

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.)