Chanchala Barman v. State Of West Bengal And ORS

08.06.2023 FMA 118 of 2023 Item No.5 with ` IA No. CAN 2 of 2022 Crt.11 b.r. Chanchal Barman -vs- The State of West Bengal & Ors.

Mr. Shamim ul Bari Ms. Keya Sutradhar ..... for the appellant.

Mr.Rajarshi Basu Mr. Shehnaz Trareq Mina .... For the State of West Bengal.

Mr. Sourav Mitra ..... for the Central School Service Commission.

Party/parties is/are represented in the order of their name/names as printed above in the cause title. Mr. Bari, learned Counsel appears for the appellant.

Mr. Basu, Learned Counsel, appears on behalf of the State and Mr. Mitra, Learned Counsel, appears on behalf of the Central School Service Commission. On going through the Report furnished by the Medical Board of IPGME & R/SSKM Hospital, Kolkata, it reveals that the appellant is suffering from Iron deficiency anaemia for which she requires long term Oral Iron Supplementation. In the said report it has been specifically mentioned that no mutation has

been detected in HBA and HBA2 Genes and hence Alpha Thalassaemia has been excluded.

No exception has been preferred on behalf of the appellant to the said Report furnished by the Medical Board.

As such the Medical Report does not support the contention of the appellant.

In the above view of the matter, the appellant's prayer for transfer on the ground of Thalassaemia cannot be allowed.

FMA 118 of 2023 with CAN 2 of 2022 stands accordingly disposed of.

It will however remain open to the appellant to take other appropriate legal steps seeking transfer, as advised.

Parties to act in terms of the copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with all necessary formalities.

(Supratim Bhattacharya, J.) (Subrata Talukdar, J.)