Soma Dey v. State Of West Bengal And ORS.

15.09.2025 Court No. 18 Item No.10 (Suvendu) WPA 18744 of 2025 Soma Dey -Versus- The State of West Bengal & Ors.

Mr. Shuvro Prokash Lahiri .....for the petitioner Mr. Bhaskar Prasad Vaisya, Ld. AGP Mr. Nilay Baran Mandal .....for the State Mr. Sunit Kumar Roy .......for the WBCSSC 1.

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

2.

In spite of service of notice, authorities of Belpahari Girls‟ High School, Jhargram being respondent nos. 6 and 7 are not represented.

3.

Petitioner made a transfer application on off-line mode in prescribed format on 17th June, 2025 since child of the petitioner is suffering from disability. Concerned school authority has issued „no objection‟ on transfer application of the petitioner on 3rd July, 2025 but till date transfer application has not been forwarded to the District Inspector of Schools (SE), Jhargram being respondent no. 5 for taking necessary steps.

4.

Head of the Institution of aforesaid school being respondent no. 6 is directed to forward off-

line transfer application of the petitioner to respondent no. 5 by fortnight from date of communication of this order. On receipt of transfer application, respondent no. 5 is directed to obtain report on medical examination of child of the petitioner from concerned Chief Medical Officer of Health/ Medical Board by four weeks thereafter. If medical report justifies transfer of the petitioner, transfer application along with medical report shall be forwarded to the Secretary of West Bengal Central School Service Commission (for short, "Commission") by fortnight thereafter. If transfer application and medical report are forwarded to the Secretary of the Commission, Secretary of the Commission shall take decision in accordance with law on transfer application of the petitioner by four weeks thereafter. Decision to be taken by the Secretary of the Commission shall be communicated to the petitioner by ten days thereafter.

5.

However, transfer application of the petitioner shall not be rejected on the ground of suspension of Utshasree portal.

6.

Leave is granted to the petitioner to amend the cause-title of the writ petition and add Secretary of the Commission as additional respondent. However, service of notice upon

additional respondent is dispensed with since the Commission is represented by learned advocate. 7.

Writ petition stands disposed of.

8.

There shall be, however, no order as to costs.

9.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Saugata Bhattacharyya, J.)