Lalia Mamataj Bhandary v. State Of West Bengal And ORS.

18.09.2025 Ct. No. 18 adeb W.P.A. 19671 of 2025 Laila Mamataj Bhandary Vs.

The State of West Bengal & Ors.

Mr. S.P. Lahiri Mr. Ankan Mondal ...for the petitioner Mr. Biswabrata Basu Mallick Mr. Aviroop Bhattacharya ...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. Petitioner made an application for transfer on 29th March, 2022 on portal since petitioner was suffering from gynecological disorder.

Learned advocate representing the petitioner submits that as the petitioner was medically examined in 2022 if necessary, authorities may re-examine the petitioner for furnishing fresh medical report.

3. Respondents are represented by learned advocates who have submitted that after transfer application was made by the petitioner on portal on 29th March, 2022 three years have passed. Therefore, due to constant treatment and care health condition of the petitioner may have improved, requiring medical examination of the petitioner afresh.

4. Having considered the submissions made on behalf of the parties District Inspector of Schools (SE) Dakshin Dinajpur being respondent no. 5 is directed to obtain medical report from concerned Chief Medical Officer of Health on medical examination of the petitioner by 4 (four) weeks from the date of communication of this order.

5. Chief Medical Officer of Health/Medical Board is required to opine in the medical report considering present health condition of the petitioner whether she is required to avoid long distance journey.

6. If medical report justifies transfer of the petitioner, transfer application along with medical report shall be forwarded to the West Bengal Central School Service Commission by fortnight thereafter for taking decision.

7. On receipt of transfer application and medical report Secretary, West Bengal Central School Service Commission is directed to decide the same in accordance with law by 4 (four) weeks thereafter and decision to be communicated to the petitioner by fortnight thereafter.

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

9. Leave is granted to the learned advocate for the petitioner to amend the cause and add Secretary,

West Bengal Central School Service Commission as additional respondent in course of this day.

10. However, service of notice upon the additional respondent stands dispense with since West Bengal Central School Service Commission is represented by learned advocate.

11. Writ petition stands disposed of.

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

(Saugata Bhattacharyya, J.)