Moumita Sarkar v. The State Of West Bengal And ORS.

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI 29.07.2025 Ct. No. 2 adeb WPA 1573 of 2025 Moumita Sarkar Vs.

State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri ...for the petitioner Mr. Nabankur Paul Mr. Sourav Sarkar ...for the State Mr. Sunit Kumar Roy ...for the SSC Ms. Shris

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. Petitioner prays for taking final decision on transfer application made by her on medical ground since daughter of the petitioner is suffering from cancer. It is submitted that previously a writ petition was preferred being WPA 2084 of 2024 by the petitioner and same was disposed of by a coordinate bench vide order dated 24th September, 2024 directing the District Inspector of Schools to take necessary steps for processing transfer application of the petitioner.

3. Mr. Sunit Kumar Roy, learned advocate representing West Bengal Central School Service Commission appears on virtual mode and has submitted that District Inspector of Schools (SE) Coochbehar being respondent no. 6 has forwarded medical report and

transfer application vide memo dated 6th December, 2024 to the Secretary, West Bengal Central School Service Commission and same was received on 12th December, 2024. It is further submitted on behalf of the Commission that though petitioner has opted three schools in the transfer application for transferring the petitioner to a vacancy lying one of these three schools, due to suspension of portal vacancy position of those three posts in three different schools is not available to the Commission which prevented the Commission to decide on transfer application of the petitioner.

4. Taking note of the submission made on behalf of Commission respondent no. 6 is directed to forward vacancy position in those three schools which were opted by the petitioner in the transfer application by fortnight from date of communication of this order to the West Bengal Central School Service Commission. On receipt of statement of vacancy Chairman, West Bengal Central School Service Commission being respondent no. 4 is directed to decide transfer application of the petitioner by 4 (four) weeks thereafter and the decision to be communicated to the petitioner by fortnight thereafter.

5. It is made clear that suspension of portal shall not be a ground to reject transfer application of the petitioner.

6. Writ petition stands disposed of.

7. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertaking. (Saugata Bhattacharyya, J.)