Sovana Mondal v. The State Of West Bengal And ORS.

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(DL) (DL) 14.08.2025 14.08.2025 Ct. No. 18 (ARPAN)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 15248 OF 2025 SOVANA MONDAL VS.

THE STATE OF WEST BENGAL & OTHERS Mr. Himadri Sikhar Chakrabarty, Adv.

...for the Petitioner Mr. Sougata Mitra, Adv.

Mr. Nikhil Kumar Gupta, Adv.

...for the State Mr. Sunit Kumar Roy, Adv.

...for the W.B.C.S.S.C.

Ms. Koyeli Bhattacharyya, Adv.

Mr. Bibek Dutta, Adv.

...for the W.B.B.S.E.

1.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

2.

Petitioner earlier preferred a writ petition being WPA 3208 of 2025 seeking direction for her transfer on medical ground. Since previous transfer application was not made in prescribed format, vide order dated 3rd March, 2025 passed by this Court said writ petition was dismissed but leave was granted to prefer transfer application, in accordance with law.

3.

Subsequent to the order dated 3rd March, 2025 another application for transfer was made by the petitioner in prescribed format which is at page 33 of this writ petition seeking her transfer on medical ground since she is suffering from serious ailments.

On receipt of transfer application school authority where petitioner is presently working issued 'No Objection' certificate. But grievance of the petitioner is the school authority till date has not forwarded the transfer application of the petitioner to the District Inspector of Schools (S.E.), Malda being respondent no.7.

4.

State respondents, West Bengal Central School Service Commission and West Bengal Board of Secondary Education are represented by learned advocates. 5.

It is submitted on behalf of the respondent authorities since application is made in the prescribed format steps may be taken for taking decision on such application in offline mode.

6.

Having considered the submissions made on behalf of the respective parties, respondent no.7 is directed to obtain medical report from the concerned Chief Medical Officer of Health (CMOH)/ Medical Board on medical examination of the petitioner by four (4) 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 petitioner is required to avoid long distance journey or not. If medical report justifies transfer of the petitioner, transfer application along

with medical report shall be forwarded by the respondent no.7 to the Secretary, West Bengal Central School Service Commission being respondent no.5 by fortnight thereafter.

7.

On receipt of transfer application from respondent no.7 respondent no.5 shall decide the same, in accordance with law. Decision to be taken by respondent no.5 shall be communicated to the petitioner by fortnight thereafter.

8.

Steps shall be taken by the authorities in offline mode. 9.

It is made clear that suspension of portal shall not be a ground to reject transfer application of the petitioner.

10. With the above directions, writ petition stands disposed of.

11. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)