S/L 33 27.03.2025 Court No.19 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 2059 of 2025 Sougata Singha Vs. The State of West Bengal & Ors. Mr. Kamalesh Bhattacharya Mr. Rajib Kumar Acharyya Mr. Goutam Malik Mr. Banshi Badan Maity … for the Petitioner. Mr. Sougata Mitra Mr. Somnath Ghosh … for the State. Mr. Avishek Prasad … for the DPSC, Malda. The petitioner is an Assistant Teacher at Khordohil Primary Basic School, a school under Uttar Gazole Circle of Malda District Primary School Council. The petitioner had met with an accident and had suffered serious leg injury; as such, he at present is dependent on wheelchair for his movement. The petitioner on the ground of his such illness has applied for transfer to any school nearer to his residence under the same Council. This Court by the order dated March 3, 2025 had directed the Council to conduct medical examination of the petitioner by the Chief Medical Officer of Health of the District: Malda. The said examination has been conducted. Mr. Avishek Prasad, learned advocate for the said Council files the report of the said medical examination which is taken on record. The Chief Medical Officer of Health has opined that the petitioner has been suffering severely and orthopedically and is wheelchair bound. The case is to be considered as serious in nature. Mr. Prasad submits that the medical certificate though is indicating that the physical ability of the petitioner is seriously challenged but the illness on which the petitioner is praying transfer is not coming within the specified disease mentioned under the Rule 5 Sub-rule 3(a) of the West Bengal 2 Primary Education (Transfer of Teachers including Head Teacher), Rules, 2002. The diseases referred to the said rule are not exhaustive. The physical condition of the petitioner demands his posting to any school nearer to his residence. The Council therefore is directed to take immediate steps for transfer of the petitioner to any school nearer to his residence preferably to any of the preferred schools of the petitioner under English Bazar Urban Circle, e.g. Gayeshpur Junior Basic School, Lalit Mohan Primary School, Narendra Smriti Primary School but without compromising the Pupil- Teacher Ratio of the said schools. It is expected that the Council shall complete its drill in this regard as expeditiously as possible, preferably within a period of four weeks from date. WPA 2059 of 2025 is disposed of without any order as to costs. Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities. (Biswajit Basu, J.)