Hasina Khatun v. State Of West Bengal And ORS.
ML 121 20.02.2025 Ct. No. 18 adeb W.P.A. 26190 of 2023 Hasina Khatun Vs.
The State of West Bengal & Ors.
Mr. Shuvro Prakash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ...for the petitioner Mr. Sailendra Nath Chakraborty Ms. Sukanya Datta ...for the State Mr. Sourav Mitra ...for the WBCSSC Ms. Koyeli Bhattacharyya ...for the Board Affidavit-of-service filed on behalf of the petitioner is taken on record.
Petitioner made an application for transfer on offline mode which was forwarded to the concerned respondent authorities for taking decision excluding authority of Rasa Rajlakshmi High School (H.S.), Birbhum. On perusal of the transfer application it appears that petitioner is suffering from Stress Incontinence and frequent episodes of Urinary Infection. Apart from suffering of the petitioner from the aforesaid disease there was dissolution of marriage on 20th May, 2022 and being only earning member in the family she is facing difficulty to look after her child and family members as well as attending
school which situates far away from the residence of the petitioner.
Since petitioner is a divorced lady suffering from ailment as explained in her application which is corroborated by a medical document dated 25th February, 2022 which is at page 28 of the writ petition, as a special case petitioner is granted leave to make an offline application before the authority of Rasa Rajlakshmi High School (HS), Birbhum by 7(seven) days from date. If such transfer application is made within the aforesaid time on receipt of same the school authority shall forward the same to the District Inspector of Schools (SE) Birbhum being respondent no. 5 by 7 (seven) days thereafter. On receipt of transfer application respondent no. 5 shall obtain a medical report from the concerned Chief Medical Officer of Health.
While furnishing medical report CMOH shall indicate whether petitioner finds it difficult to attend school which is far away from her place of residence. If medical report justifies transfer of petitioner irrespective of the fact that the disease is not specified under the relevant Transfer Rules, the respondent no. 5 shall forward the same to the West Bengal Central School Service Commission by 7 (seven) days from the date of receiving medical report from the concerned CMOH.
event the respondent no. 5 shall complete the aforesaid exercise by 4 (four) weeks from the date of receipt of transfer application from the school authority.
In the event transfer application along with medical report are forwarded to the West Bengal Central School Service Commission Chairman, West Bengal Central School Service Commission shall decide the same by 4 (four) weeks thereafter and decision to be communicated to the petitioner by 1 (one) week thereafter.
Transfer application of the petitioner shall not be rejected on the ground of suspension of portal.
Leave is granted to the learned advocate for the petitioner to amend the cause title and add Chairman, West Bengal Central School Service Commission as additional respondent.
However, service of notice upon additional respondent stands dispensed with since Commission is represented by learned advocate. Writ petition stands disposed of.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)