Shyam Sundar Mohanta v. State Of West Bengal And ORS.

03-11-2025 Item No.53 ML Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.22575 of 2025 Shyam Sundar Mohanta -vsThe State of West Bengal & Ors.

Mr. Saktipada Jana Mr. Subhajyoti Das ...for the petitioner Mr. Md. Farhaduddin ...for the State Mr. Kanak Kiran Bandyopadhyay ...for WBCSSC 1.

The petitioner's application for transfer on medical ground after the same being recommended by the District Inspector of Schools (SE), Dakshin Dinajpur is pending consideration at the end of the West Bengal Central School Service Commission from September 2022.

2.

It is submitted on behalf of the Commission, the authority could not proceed to dispose of the petitioner's application in view of the suspension of the Utsashree portal.

3.

The petitioner submits that his health condition has deteriorated further and his application ought to be allowed.

4.

Learned counsel for the Commission, however, submits that no document from the end of the CMOH has been annexed to the writ petition. He also submits that the recommendation of the DI of Schools is dated September 12, 2022 and there is no document to show that the medical condition of the petitioner has not improved after

the said date.

5.

As it appears that the application of the petitioner seeking transfer on medical ground is still pending final disposal, accordingly, the instant writ petition is disposed of by directing the West Bengal Central School Service Commission to take steps to dispose of the petitioner's application after obtaining necessary confirmation with regard to the health condition of the petitioner from the concerned CMOH.

6.

If the medical issue of the petitioner still exists, then necessary remedial steps for his transfer shall be taken.

7.

The entire exercise shall be concluded at the earliest but positively within a period of twelve weeks from the date of communication of this order.

8.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

9.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]