Santosh Dutta v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 16.09.2025 rkd W.P.A. 17051 of 2025 Ct.18 DO Santosh Dutta -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury ....for the petitioner.

Ms. Piyali Sengupta, Mr. Sandip Chattoapadhyay ....for the State.

Mr. Kanak Kiran Bandyopadhyay ....for the WBCSSC.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta ....for the WBBSE.

1.

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

2.

In terms of the order dated 1st September, 2025 a report dated 16th September, 2025 of District Inspector of Schools (SE), Paschim Medinipur being respondent no.5 is filed today and same is taken on record.

3.

Learned advocate representing the State respondents in reference to the report dated 16th September, 2025 submits that the school authority issued "No Objection" on 9th September, 2025 and same was forwarded to the office of respondent no.5 by email.

4.

Having considered the report dated 16th September, 2025 of the respondent no.5 filed today, Head of the Institution of Ghanarampur Sarada Vidyapith High School, Paschim Medinipur being respondent no.6 is directed to forward transfer application of the petitioner in offline mode to the respondent no.5 by seven days from the date of communication of this order, if same is not forwarded till date. 5.

On receipt of transfer application respondent no.5 shall obtain medical report from the concerned Chief Medical Officer of Health/Medical Board on medical examination of wife of the petitioner by four weeks thereafter.

6.

In the medical report CMOH/Medical Board is required to opine considering the present health condition of wife of the petitioner whether she requires constant care and treatment or not.

7.

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.

8.

On receipt of transfer application and medical report, respondent no.4 shall decide the same in accordance with law by four weeks thereafter. 9.

The decision to be taken by the respondent no.4

shall be communicated to the petitioner by ten days thereafter.

10. The writ petition stands disposed of.

11. However, it is made clear that suspension of Utsashree portal shall not be a ground for rejecting the transfer application of the petitioner.

12. There shall be no order as to costs.

13. 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.)