Calcutta High CourtWPA/1577/2025disposed

Jaygun Khatun v. The State Of West Bengal And ORS

2025-07-25Hon'Ble Justice Saugata Bhattacharyya3 pages

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI 25.07.2025 Ct. No. 2 adeb WPA 1577 of 2025 Jaygun Khatun Vs.

The State of West Bengal & Ors.

Mr. Santanu Maji Mr. Jogesh Ch. Roy ...for the petitioner Mr. Amalesh Roy Ms. Mousumi Bhowal Mr. Nigam Mittal ...for the DPSC, Coochbehar Mr. Bikramaditya Ghosh Ms. Supriya Singh ...for the respondent nos. 3 and 4 Mr. Subir Kumar Saha Mr. Sourav Sarkar ...for the State Ms. Shris

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

2. Petitioner being a primary teacher working in a school in Coochbehar has prayed for transfer to a school in Jalpaiguri District. An application for transfer was made on 19th May, 2025 addressed to the Secretary, West Bengal Board of Primary Education seeking transfer on medical ground since petitioner is suffering from cancer.

3. West Bengal Board of Primary Education, State respondents and District Primary School Council, Coochbehar are represented by learned advocates.

4. Since petitioner is suffering from cancer as it appears from the application for transfer dated 19th May, 2025, Chairman, District Primary School Council, Coochbehar being respondent no. 6 is directed to obtain medical report from concerned Chief Medical Officer of Health/Medical Board on medical examination of the petitioner within a period of 3 (three) weeks from the date of communication of this order. In medical report Chief Medical Officer of Health/Medical Board is required to opine considering present health condition of the petitioner whether petitioner is required to avoid long distance journey or not. If medical report justifies transfer of the petitioner, respondent no. 6 shall forward transfer application along with medical report to the Secretary, West Bengal Board of Primary Education being respondent no. 4 by 10 (ten) days thereafter. On receipt of transfer application and medical report respondent no. 4 is directed to decide the transfer application of the petitioner by 3 (three) weeks thereafter in accordance with law.

5. The decision to be taken by the respondent no. 4 shall be communicated to the petitioner by 10 (ten) days thereafter.

6. It is made clear that transfer application of the petitioner shall not be rejected on the ground of suspension of portal.

7. Writ petition stands disposed of.

8. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertaking. 9.

(Saugata Bhattacharyya, J.)