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Calcutta High CourtWPA/22756/2024disposed

Suparna Mahata v. State Of West Bengal And ORS.

2024-09-18Hon'Ble Justice Saugata Bhattacharyya3 pages

18.09.2024 Court No. 18 Item No. 37 (Suvendu) WPA 22756 of 2024 Suparna Mahata -Versus- The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury ........for the petitioner Dr. Sutanu Kumar Patra Ms. Supriya Dubey ......for the WBCSSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta .......for the WBBSE Ms. Sulagna Bhattacharya Ms. Debarati Sen (Bose) .....for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of petitioner since petitioner is suffering from ailment.

It is submitted on behalf of the petitioner that transfer application was processed by the school authority where petitioner is presently serving and same was forwarded to the concerned District Inspector of Schools for taking necessary steps.

Grievance of the petitioner is in spite of receipt of application through Utshasree portal till date the District Inspector of Schools (SE),

Jhargram, being respondent no.4 has not taken any step.

State respondents are represented by Ms.

Bhattacharya, learned advocate who has submitted that due to suspension of Utshasree portal with effect from 29th September, 2022 contemporaneously decision could not be taken on transfer application of petitioner. It is also submitted that medical report has already been obtained from the concerned Chief Medical Officer of Health.

West Bengal Board of Secondary Education and West Bengal Central School Service Commission are represented by learned advocates.

It has been submitted on behalf of the Commission that if transfer application of the petitioner along with medical report are forwarded to the Commission, same shall be decided in accordance with law.

In view of submissions made on behalf of the parties, the writ petition stands disposed of by directing the District Inspector of Schools (SE), Jhargram, being the respondent no. 4 to forward the application of the petitioner along with medical report in the event medical report justifies transfer of the petitioner to the

Chairman, West Bengal Central School Service Commission being respondent no. 3 by three weeks from the date of communication of this order. If transfer application is forwarded to the Commission, the Chairman of the Commission shall decide transfer application within reasonable time.

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

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

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

(Saugata Bhattacharyya, J.)