Tamanna Begum v. State Of West Bengal And ORS.

08.07.2024.

Court No.13 Item No. 13 ap W.P.A. No. 17183 of 2023 Tamanna Begum

Versus

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury.

...For the petitioner.

Mr. Biswabrata Basu Mallick, Mr. Biman Halder.

...For the DPSC, Uttar Dinajpur.

Mr. Supriyo Chattopadhyay, AGP, Ms. Sayantanee Bhattacharjee.

...For the State.

1. The petitioner seeks inter district transfer from Uttar Dinajpur to Birbhum on her medical grounds as also that of her child.

2. The application could not be considered by the Board in view of suspension of Utsashree Portal.

3. This Court is of the view that all the pending applications in the Utsashree Portal, must henceforth be entertained offline in accordance with the applicable Rules.

4. Let a copy of this order be sent to the Secretary of the Board as well as the Commissioner of School Education, West Bengal.

5. In the present case, since the petitioner applied for transfer on medical ground, the Chairman, District Primary School Council, Uttar Dinajpur shall obtain a medical opinion from the CMOH thereat on the condition of the petitioner and her child. If the

condition is found to have existed at the time of entry of the petitioner into service, the application for transfer on medical ground shall not be entertained. In the event, however, the medical condition of the petitioner has been developed atleast a year after her entry into the service, the same shall be forwarded along with comments to the Secretary, West Bengal Board of Primary Education. The Secretary, West Bengal Board of Primary Education shall thereafter in consultation with the Chairman, District Primary School Council, Uttar Dinajpur take a decision offline within a period of twelve weeks from the date of receipt of a copy of this order along with the instant writ petition.

6. However, if the Utsashree Portal is revived, the application for transfer may be considered only through Utsashree Portal.

7. The report of the Chairman, District Primary School Council, Uttar Dinajpur filed in Court today be kept with the record.

8. With the aforesaid directions, the instant writ petition shall stand disposed of.

9. There will be no order as to costs.

10.

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.)