Bulti Karak v. State Of West Bengal And ORS.

20.05.2026 Sl. No. 67 Ct No. 24 SG WPA 28274 of 2024 Bulti Karak Vs.

The State of West Bengal & Ors.

Mr. Firdous Samim, Ms. Gopa Biswas, Mr. Ankita Ghosh, Ms. Salini Bhattacharya, Mr. Asik Mandal, Ms. Hena Sardar.

......for the Petitioner Mr. Sourav Mitra.

......for CSSC 1.

In spite of service, the School Authority is not represented.

2.

The petitioner's application for transfer on child medical ground (Autism Spectrum disorder) is pending consideration at the end of the District Inspector of Schools (SE), Purba Burdwan.

3.

I direct District Inspector of Schools (SE), Purba Medinipur (respondent no. 5 herein) to take necessary steps to consider the application for transfer made by the petitioner in accordance with law at the earliest but positively within a period of eight weeks from the date of communication of this order.

4.

If the Chief Medical Officer of Health certifies in favour of the petitioner, then immediate necessary steps shall be taken by the District Inspector of

Schools to immediately forward the application of the petitioner to the West Bengal Central School Service Commission for taking consequential steps in the matter in accordance with law at the earliest but positively within a period of eight weeks from the date of receipt of all documents from the District Inspector of Schools. The fate of the petitioner's application shall be made known to the petitioner immediately thereafter.

5.

The concerned authority is directed to deal with the instant application in line with the decisions of this Hon'ble Court passed in WPA 15447 of 2025 [Beauti Baitha Vs. The State of West Bengal & Ors.]; WPA 20742 of 2023 [Saurav Basu vs. The State of West Bengal & Ors.]; WPA 9141 of 2025 [Swati Pal vs. The State of West Bengal & Ors.] and WPA 26829 of 2024 [Sunita Nandan vs. The State of West Bengal & Ors.]. In line with the aforestated decisions, it is clear that transfer of an incumbent cannot be rejected merely on the ground that the child suffering from Autism Spectrum disorder is not covered under Rule 4a of the notification dated 8th September, 2021.

6.

Suspension of 'UTSASHREE' portal will not stand in the way of the respondents from considering the application made by the petitioner.

7.

With the aforestated directions, the instant writ petition stands disposed of.

8.

There shall be no order as to costs.

9.

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

(Reetobroto Kumar Mitra, J.)