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Calcutta High CourtWPA/25665/2025disposed

Swarup Bhuin v. State Of West Bengal And ORS.

2025-11-19Hon'Ble Justice Amrita Sinha2 pages

19.11.2025 Court No.18 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 25665 of 2025 Swarup Bhuin -versus The State of West Bengal & Ors.

Mr. Chittapriya Ghosh Mr. Somesh Ghosh ...For the petitioner Mr. Jahar Dutta Mr. Sayan Ganguly ... For the State Mr. Sunit Kumar Roy ... For the WBCSSC 1.

Affidavit of service filed in Court is taken on record.

2.

The petitioner seeks transfer on spouse medical ground. He made application offline in the prescribed format and forwarded the same to the school authority. The envelope sent by the petitioner has been refused to be accepted by the school.

3.

The Court is of the opinion that the school not being aware of the contents of the envelope ought not to have refused to accept the same that was sent by the petitioner. Refusal of a sealed envelope amounts to good service.

4.

In view of the above, the petitioner is granted leave to forward all papers in connection with his application for transfer to the school authority for consideration of the same in accordance with law.

5.

Suspension of the UTSASHREE portal will not be a ground for the school to not accept the application for transfer.

6.

The medical examination of the spouse of the petitioner shall be conducted by the Block Medical Officer of Health and if the Block Medical Officer of Health certifies in favour of the patient, then the school shall forward all documents to the concerned District Inspector of Schools for further processing the same. 7.

The school shall take steps in the matter at the earliest, but positively within a period of eight weeks from the date of receiving the application in the prescribed format from the petitioner.

8.

The writ petition stands disposed of.

9.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

10. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Amrita Sinha, J.)