Manoranjan Karmodak vs State of West Bengal and Ors

Saugata Bhattacharyya, J

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

Petitioner made a transfer application on portal on 23rd September, 2022 since petitioner was suffering from coronary disease. Concerned school authority forwarded the transfer application of the petitioner on 3rd October, 2022 to the District Inspector of Schools (SE), Bankura being respondent no. 5 for taking necessary steps. Grievance of the petitioner is transfer application of the petitioner is yet to be processed by respondent no. 5 and not forwarded to West Bengal Central School Service Commission (for short, “Commission”).

Learned advocates representing the respondents have submitted that due to suspension of portal contemporaneous steps could not be taken on transfer application of the petitioner.

However, it is submitted that since petitioner is willing to appear before the concerned medical expert for medical examination if direction is given respondent no. 5 shall take necessary steps for obtaining medical report.

Having considered the submissions made on behalf of the parties, respondent no. 5 is directed to obtain report on medical examination of the petitioner from concerned Chief Medical Officer of Health/ Medical Board by four weeks from date of communication of this order. In the medical report concerned 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, transfer application along with medical report shall be forwarded to the Secretary of the Commission being respondent no. 4 by fortnight thereafter. On receipt of transfer application and medical report, respondent no. 4 shall decide the same in accordance with law by four weeks thereafter. Decision to be taken by respondent no. 4 shall be communicated to the petitioner by fortnight thereafter.

However, transfer application of the petitioner shall not be rejected on the ground of suspension of Utshasree portal.

Writ petition stands disposed of.

There shall be, however, no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.