Surajit Pandit v. The State Of West Bengal And ORS

Item no. 09 19.08.2025 Ct. 02 sayandeep Calcutta High Court In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side W.P.A 1720 of 2025 Surajit Pandit versus State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Mr. Soumyajit Laskar ...For the Petitioner.

Mr. Momenur Rahaman Mr. Kumar Shantanu ....for the State Mr. Sunit Kr. Roy ....for the SSC

1. The affidavit-of-service filed in Court today is taken on record.

2. The present writ petition has been filed in affect praying for a direction upon the respondent No. to take steps on the basis of the communication issued by the respondent No. 5 dated 1st August, 2025 appearing at page No.

46 of the writ petition.

3. Having heard the learned advocates appearing for the respective parties and having considered that the petitioner's case for transfer has already been forwarded by the respondent No. 5 to the respondent No. 4 and noting from the parties that the online portal (Utsashree) has

WPA 1720 of 2025 remained suspended, without going into the issue as to whether the petitioner's case is entitled to succeed, I am of the view that the petitioner's application for transfer made in terms of the West Bengal School Service Commission (General Transfer, Transfer on Special Grounds and Re-allocation) Rules, 2015 (hereinafter referred to as the said Rules) cannot be denied simply because the portal has remained suspended.

4. Since the Rules conferred a right on the petitioner to be considered for transfer, the petitioner's application for transfer cannot be kept pending. The petitioner has a right to know the outcome of his application. Further, since the online portal has been suspended, there cannot be any embargo on the respondent No. 4 to accept and consider the petitioner's application for transfer in offline mode.

5. In view thereof, I direct the respondent No. 4 to consider the petitioner's application for transfer on medical grounds in terms of the said Rules and for the said purpose, the said respondent shall seek a report from the concerned Chief Medical Officer of the District and if, the petitioner is found eligible, the same shall be forwarded to the respondent No. 3 to take

WPA 1720 of 2025 appropriate steps in accordance with law. The entire process in this regard must be completed within a period of three months from the date of communication of this order.

6. With the above observations and directions, the writ petition is disposed of.

7. There shall be no order as to costs.

8. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Raja Basu Chowdhruy, J.)