Soma Kundu v. State Of West Bengal And ORS.

S/L 12 10.02.2026 Court No.18 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 23626 of 2022 Soma Kundu Vs.

The State of West Bengal & Ors.

Mr. Ujjal Ray ... for the Petitioner.

Mr. Sunit Kumar Roy ... for the SSC.

1.

Affidavit of service filed in Court today is taken on record.

2.

The petitioner9s application seeking transfer on medical ground stood rejected by the head of the institution in July, 2022 with the remark that 8insufficient document as per the certificate of BMOH9. 3.

It appears that nearly four years have elapsed from the date the application of the petitioner seeking transfer stood disallowed by the head of the institution.

4.

In view of the above, the instant writ petition stands disposed of with the observation that it will be open for the petitioner to make fresh offline application seeking transfer in the prescribed format disclosing ground for the same.

5.

In the event such an application is made, the head of the institution shall consider the prayer of the petitioner seeking transfer strictly in accordance with the Transfer Rules, 2015, as amended, at the earliest

but positively within a period of eight weeks from the date of communication of this order. Medical checkup of the patient may be conducted by the Block Medical Officer of Health.

6.

If the medical report discloses any ground on which transfer may be allowed, then necessary consequential steps shall be taken by the authorities without any further delay.

7.

If the application of the petitioner is allowed, then necessary consequential steps shall be taken without any further delay.

8.

The fate of the petitioner9s application shall be made known to the petitioner.

9.

Suspension of the Utsashree portal will not stand in the way of the respondents to consider the application for transfer made by the petitioner.

10. The writ petition stands disposed of.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)