Jyostna Khatun v. State Of West Bengal And ORS.

03.10.2024 Ct. No. 18 adeb W.P.A. 24002 of 2024 Jyostna Khatun Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra ...for the petitioner Mr. Gourav Das Mr. Sanjoy Sarkar ...for the State Mr. Kanak Kiran Bandyopadhyay ..for the WBCSSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ...for the WBBSE Affidavit of service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of the petitioner since petitioner is suffering from gynecological disorder. Petitioner made application for transfer on medical ground on 20th January, 2022 and same was forwarded by the school authority where petitioner is presently working to the concerned District Inspector of Schools (SE) Malda being respondent no. 4 for taking further steps.

The respondent no. 4 took steps for medical verification of the petitioner by concerned Chief Medical Officer of Health and it has been submitted by the learned advocate for the petitioner that the report has

already been furnished by CMOH. Petitioner prays for direction upon the respondent no. 4 to forward the transfer application along with medical report to the West Bengal Central School Service Commission for taking final decision.

State-respondents, West Bengal Central School Service Commission and the West Bengal Board of Secondary Education are represented by learned advocates who have submitted that the respondent no. 4 can only forward the transfer application of the petitioner if medical report of CMOH justifies transfer of the petitioner.

Having considered the submissions made on behalf of the parties writ petition stands disposed of directing the respondent no. 4 to forward the transfer application of the petitioner along with medical report, if medical report of concerned CMOH justifies petitioner's transfer. The aforesaid exercise shall be completed by the respondent no. 4 by 4 (four) weeks from the date of communication of this order.

If transfer application of the petitioner is received by the West Bengal Central School Service Commission the Chairman of the Commission being respondent no. 3 is directed to take decision on the transfer application of the petitioner by 8 (eight) weeks thereafter.

It is made clear that transfer application of the petitioner shall not be rejected on the ground of suspension of Portal.

There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)