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Calcutta High CourtWPA/20200/2025disposed

Robani Soren v. The State Of West Bengal And Or

2025-09-22Hon'Ble Justice Saugata Bhattacharyya3 pages

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 22.09.2025 rkd W.P.A. 20200 of 2025 Ct.18 DO Robani Soren -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra, Ms. Pritha Biswas ....for the petitioner.

Mr. Bhaskar Prasad Vaisya, Mr. Sayan Ganguly ....for the State.

Mr. Kanak Kiran Bandyopadhyay ....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 portal on 18th September, 2022 since petitioner was suffering from gynecological disorder.

3.

Transfer application of the petitioner was forwarded by the school authority where petitioner is presently working to the concerned District Inspector of Schools (SE), Bankura being respondent no.5 for taking further steps.

4.

The grievance of the petitioner is her transfer application is yet to be decided.

5.

West Bengal Central School Service Commission

and State respondents are represented by learned advocates.

6.

It is submitted on behalf of the respondent authorities that as per norms applicant teacher is required to be medically examined by the concerned Chief Medical Officer of Heath/Medical Board in order to ascertain the health condition of the petitioner. It is submitted that till date petitioner has not been medically examined by the medical experts due to suspension of portal.

7.

Having considered the submissions made on behalf of the parties, respondent no.5 is directed to obtain report on medical examination of the petitioner from the concerned Chief Medical Officer of Heath/Medical Board by four weeks from the date of communication of this order.

8.

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. 9.

If medical report justifies transfer of the petitioner, respondent no.5 shall forward transfer application along with medical report to the Secretary, West Bengal Central School Service Commission being respondent no.4 by fortnight thereafter.

10. On receipt of transfer application and medical

report, respondent no.4 shall decide the same in accordance with law by six weeks thereafter.

11. The decision to be taken by the respondent no.4 shall be communicated to the petitioner by ten days thereafter.

12. The writ petition stands disposed of.

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

14. There shall be no order as to costs.

15. 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.)