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2025 DAILYLAW 45184 (CAL)

DIPANKAR BARMAN v. STATE OF WEST BENGAL AND ORS.

WPA/25270/2023 · 2025-02-20

Saugata Bhattacharyya

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Judgment text

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ML 119 2200..0022..22002255 Ct. No. 18 adeb W.P.A. 25270 of 2023 Dipankar Barman Vs. The State of West Bengal & Ors. Mr. Sakti Pada Jana Mr. Subhajyoti Das Ms. Sudipta Pramanik …for the petitioner Ms. Sangeeta Roy …for the State Ms. Supriya Dubey …for the WBCSSC Affidavit-of-service filed on behalf of the petitioner is taken on record. Petitioner made application for transfer on medical ground on portal on 28th September, 2022 which was forwarded by the school authority where petitioner is presently working to the concerned District Inspector of Schools (SE) South 24 parganas being respondent no. 3 for taking further steps. However, respondent no. 3 without processing the transfer application sent the same back to the school authority on the plea that substitute teacher is necessary for transferring the petitioner. The school authority thereafter sent the application back to the applicant on 30th September, 2022. 2 However, considering the submissions made on behalf of the petitioner it appears that this is not a case for transfer of the petitioner on general ground but there is requirement on medical ground to transfer the petitioner immediately since son of the petitioner is suffering from Moderate Autism Spectrum Disorder (ASD) with 75% disability & carrier of thalassemia but not a thalassemia patient. The Chief Medical Officer of Health, Diamond Harbour in his certificate dated 23rd May, 2022 stated that prayer for transfer of the petitioner on medical ground needs to be considered though the son of the petitioner is not suffering from disease which is specified one in terms of relevant Transfer Rules. On perusal of the document at page 40 it appears that there was an endorsement made by the school authority on 28th September, 2022 in connection with the last transfer application of the petitioner wherein it is stated that wife of the petitioner died meaning thereby son of the petitioner suffering from aforesaid disease does not get care of his mother. Considering the special circumstances as prevailing this Court finds that authorities are required to take necessary steps for transferring 3 the petitioner to a school which situates near to the residence of the petitioner. The authority of Rajnagar Biswambhar High School, South 24 Pargans being respondent nos. 6 and 7 are directed to forward the transfer application of the petitioner dated 28th September, 2022 in offline mode to the District Inspector of Schools (SE) South 24 Parganas being respondent no. 3 by 7 (seven) days from the date of communication of this order. On receipt of transfer application respondent no. 3 shall forward the same to the West Bengal Central School Service Commission by fortnight thereafter. On receipt of transfer application Chairman, West Bengal Central School Service Commission shall decide the transfer application of the petitioner by 4 (four) weeks thereafter and the decision shall be communicated to the petitioner by 1 (one) week thereafter. It is made clear that suspension of portal shall not be a ground to reject the transfer application of the petitioner. The writ petition stands disposed of. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)