Ashima Mondal v. The State Of West Bengal And ORS.

10.01.2025 Ct.18 (Suvendu) W.P.A. 24752 of 2024 Ashima Mondal -vsThe State of West Bengal & Ors.

Mr. Sudeepto Kumar Basu Mr. Suypriyo Kumar Basu Mr. Debabrata Sarkar ....for the petitioner Mr. Biswabrata Basu Mallick, Ld. AGP Ms. Parna Roy Chowdhury ......for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ......for the WBBSE Mr. Sourav Mitra ...for the WBCSSC Pursuant to the order dated 7th October, 2024 a report has been filed by the District Inspector of Schools (SE), Hooghly being respondent no. 5. Same is taken on record.

On perusal of the said report, it appears that after making application for transfer on medical ground on portal on 22nd May, 2022 petitioner preferred two representations dated 22nd April, 2024 and 26th August, 2024 based on initial transfer application dated 22nd May, 2022.

Taking note of aforesaid two subsequent representations, it is stated by respondent no. 5 in the report that due to suspension of portal steps could not be taken on transfer application of the petitioner. Grievance of the petitioner is in spite of making transfer application on 22nd May, 2022 when Utshasree portal was alive, no steps were taken by the authority of

Helen Saradamoni Balika Vidyalaya (HS), Hooghly to forward the transfer application to the respondent no. 5 for taking further steps.

In spite of service of notice aforesaid school authority is not represented.

Hence, authorities of Helen Saradamoni Balika Vidyalaya (HS) being respondent nos. 6 and 7 are directed to forward the transfer application of the petitioner to respondent no. 5 by seven days from the date of communication of this order. On receipt of such transfer application, respondent no. 5 shall obtain medical report from the concerned Chief Medical Officer of Health on medical verification of the petitioner by fortnight thereafter. If medical report justifies transfer of the petitioner, respondent no. 5 shall forward transfer application along with medical report to the Chairman of West Bengal Central School Service Commission being respondent no.4 by one week thereafter. On receipt of transfer application and medical report, respondent no. 4 is directed to take final decision on transfer application of the petitioner in accordance with law by four weeks thereafter and the decision to be taken by respondent no. 4 shall be communicated to the petitioner by one week thereafter.

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

With the above observations, writ petition stands disposed of.

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 undertaking. (Saugata Bhattacharyya, J.)