Chinta Maji v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 21045 of 2025 31.10.2025 rkd Ct.18 DO Chinta Maji -vsThe State of West Bengal & Ors.

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

Mr. Santanu Kumar Mitra, Mr. Subhabrata Das ....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.

Matter relates to transfer of the petitioner on medical ground.

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) being respondent no.5. Respondent no.5 obtained medical report from the Chief Medical Officer of Health, Suri, Birbhum. 4.

Notice of this Court has been drawn to memo dated 11th October, 2022 issued by the Superintendent, Suri Sadar Hospital, Birbhum addressed to the Chief Medical Officer of Health, Suri, Birbhum

which is at page 16 of the writ petition wherefrom it appears that petitioner was suffering from urinary incontinence. However, subsequently transfer application and medical report were not forwarded to the concerned authority of the West Bengal Central School Service Commission for taking decision.

5.

Petitioner prays for direction upon the concerned respondent authorities to take steps for taking decision on transfer application of the petitioner. 6.

State respondents and West Bengal Central School Service Commission are represented by learned advocates who have jointly submitted that due to suspension of Utsashree portal with effect from 29th September, 2022 contemporaneous decision could not be taken.

7.

Having considered the submissions made on behalf of the parties, the writ petition stands disposed of directing the respondent no.5 to forward the transfer application along with medical report to the Secretary, West Bengal Central School Service Commission being respondent no.4 by seven days from the date of communication of this order. 8.

On receipt of transfer application and medical report same shall be decided by the respondent no.4 by four weeks thereafter.

9.

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

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

11. There shall be no order as to costs.

12. 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.)