Moumita Pal Chaudhury v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 21052 of 2025 31.10.2025 rkd Ct.18 DO Moumita Pal Chaudhury -vsThe State of West Bengal & Ors.

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

Mr. Rajnil Mukherjee ....for the respondent no.6.

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 medical ground on portal and it is submitted that 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), Murshidabad being respondent no.5 for taking further steps. Respondent no.5 after obtaining medical report forwarded the same to the West Bengal Central School Service Commission.

4.

It is submitted on behalf of the petitioner that since petitioner was medically examined far back in 2021 she is ready to appear before the medical expert for re-examination.

5.

On behalf of the West Bengal Central School Service Commission it is submitted that petitioner was medically examined in 2021 and thereafter due to constant care and treatment health condition of the petitioner may have improved requiring fresh medical examination to ascertain her present health condition.

6.

In view of respective submissions made on behalf of the parties, District Inspector of Schools (SE), Murshidabad being respondent no.5 is directed to obtain medical report afresh from the concerned Chief Medical Officer of Health/Medical Board on medical examination of the petitioner by four weeks from the date of communication of this order. 7.

In the medical report CMOH/Medical Board is required to opine considering the health condition of the petitioner whether she is required to avoid long distance journey or not.

8.

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.

9.

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

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

11. The writ petition stands disposed of.

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

13. There shall be no order as to costs.

14. 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.)