Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 6431 (CAL)

SANATAN NANDAN v. STATE OF WEST BENGAL AND ORS.

WPA/1258/2026 · 2026-03-12

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

36 12.03. 2026 Ct. No. 24 Ab IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE. WPA 1258 of 2026 Sanatan Nandan Vs. The State of West Bengal and others. --------------- Mr. Sudip Ghosh Chowdhury, Ms. Pritha Biswas. … for the petitioner. Mr. Samrat Paul. … for the State. Mr. Kunal Ganguly. … for the respondent no. 2. Mr. Sunit Kumar Roy. … for the SSC. 1. The affidavit of service filed today is taken on record. 2. The petitioner had made an application for transfer on medical ground sometime in the year 2022. 3. Even while the same was not being considered by the District Inspector of Schools (SE), Paschim Medinipur, the petitioner had approached this Hon’ble Court by way of a writ petition being WPA 3192 of 2025. The afore-stated writ petition was disposed of by this Hon’ble Court on February 27, 2025 directing, inter alia, “In the medical report concerned medical authority is required to certify in consideration of nature of disease whether petitioner should be advised 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 West Bengal Central 2 School Service Commission for taking final decision. The respondent no. 4 shall forward the transfer application along with medical report to the Commission by 7 (Seven) days after receipt of medical report if same is necessary.” 4. In terms of the afore-stated order, the District Inspector Schools obtained a medical report and forwarded the same to the Commission. 5. As it now appears the opinion of the Medical Board is not clear as to whether it had advised avoidance of long distance travel or not, pursuant to the order dated February 27, 2025, the matter has been kept pending. 6. Since the matter is pending before the Commission, it would be appropriate for the Commission to call for a medical report from the respondent no. 5 to ascertain whether the Medical Board was of the opinion that the petitioner had to avoid long distance travel on account of his ailing health. 7. The Commission is directed to obtain such medical report from the respondent no. 5 upon reexamination of the petitioner within six weeks from date. 8. Upon receipt of such medical report, the Commission will proceed to deal with the matter and take a decision in respect of the petitioner’s transfer by May 15, 2026. 9. With these afore-stated directions, the writ petition 3 is disposed of. 10. There shall, however, be no order as to costs. 11. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Reetobroto Kumar Mitra, J.)