Paramita Datta Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Paramita Datta Vs State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order set aside; order for recommendation of transfer stayed for eight weeks or till the Commission's decision is communicated, whichever is earlier; appellant to submit her and her father's medical reports within one week; Commissioner of School Education, West Bengal to consider her representation (application at pages 88, 132 and 135) and dispose of it within four weeks by a reasoned order after hearing, without disturbing the rationalization policy.

Issue for consideration

Whether the appellant's prayer for transfer to a nearby school on special ground - in view of her medical condition and the burden of travelling about 90 km daily while looking after her ailing parents - can be considered without disturbing the rationalization policy. +1 more

Court's answer

The Commissioner is to take into consideration all the medical reports filed by the appellant (within one week from date), the medical report of her father, and the distance she would be required to travel for attending the school recommended for her transfer.

Ratio / Principle

The Bench directed the Commissioner of School Education, West Bengal to consider the appellant's representation in accordance with law.

Key takeaways

The appellant was to submit all her medical reports and those of her father within one week; the Commission was directed to consider the application mentioned at pages 88, 132 and 135 with a view to finding out whether her prayer for transfer to a nearby school can be considered on special ground.ratio¶19
Such consideration of the transfer request is to proceed without disturbing the rationalization policy.ratio¶21
The Commissioner is to decide the matter within four weeks from the submission of all required documents and dispose of the said representation by a reasoned order after giving an opportunity of hearing to the appellant.

Detailed headnote1 paragraphs

F.M.A. 545 of 2025 (High Court at Calcutta, Civil Appellate Jurisdiction; Smita Das De, J.; 11.4.2025) - appeal against the learned Single Judge's order dated 4th March, 2025 in a writ petition challenging the appellant's transfer recommendation dated 19th April, 2023 issued by the Secretary, West Bengal Central School Service Commission. Counsel urged consideration of the appellant's representation dated 7th December, 2020 read with letter dated 15th September, 2023 (pages 88, 132, 135) seeking general transfer on special ground - appellant suffering from Beta Thalassemia (Minor), father having suffered a brain stroke, and a daily journey of about 90 km to the proposed school being injurious to her health while she cares for her ailing parents. The Bench set aside the impugned order, stayed the order recommending the transfer for eight weeks or till the Commission's communicated decision (whichever is earlier), and directed the Commissioner of School Education, West Bengal to consider the representation in accordance with law, taking into account all medical reports of the appellant and her father and the travel distance, and to dispose of it within four weeks of submission of documents by reasoned order after hearing, examining whether transfer to a nearby school can be granted on special ground without disturbing the rationalization policy. Appeal and CAN 1 of 2025 disposed of.

8 11.4.2025

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE

F.M.A. 545 of 2025 With CAN 1 of 2025

Paramita Datta

Vs.

The State of West Bengal & Ors.

Mrs. Usha Maity Mr. S. Maity …. For the Appellant.

Mr. Supriyo Chattopadhyay Ms. Iti Dutta .. For the State.

Ms. Koyeli Bhattacharyya Ms. Keya Panja Mr. Bibek Dutta .... For the WBBSE. Mr. Sunit Kumar Roy .... For the SSC.

The appeal is arising out of an order dated 4^th March, 2025 in a writ petition in which the petitioner has challenged the recommendation of her transfer dated 19^th April, 2023 issued by the Secretary, West Bengal Central School Service Commission.

S.D.

Mrs. Maity, learned counsel appearing on behalf of the appellant has submitted that the learned Single Judge has failed to take into consideration the representation made by the appellant on 7^th December, 2020 read with the letter dated 15^th September, 2023 vide at pages 88, 132 and 135. It is submitted that the request was made for general transfer on special ground, in view of the fact that the appellant has been suffering from Beta

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Thalassemia (Minor) and her father had suffered a brain stroke few years back. On consideration of the said representation she was transferred to Keoratala SCM High School at South 24 Parganas.

The appellant wants consideration of the said recommendation on medical ground and other grounds as mentioned in the said representation.

Mrs. Maity has submitted that if she had to attend the proposed transferred school she would be required to travel 90 Kms. everyday which her health may not permit inasmuch she has required to look after her ailing father and in absence of her there is none to take care of her ailing parents.

Under such circumstances, we direct the Commissioner of School Education, West Bengal to consider her representation in accordance with law.

The Commissioner shall take into consideration all the medical reports filed by the appellant within one week from date and also the medical report of her father and the distance she would be required to travel for attending the school recommended for her transfer

The appellant shall submit all the medical reports of her as well as of her father within a period of one week from date and the Commission is directed to consider the application mentioned at pages 88, 132 and 135 with the view to find out if her prayer for transfer to a nearby school can be considered on special ground

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without disturbing the rationalization policy.

The Commissioner shall decide the matter within four weeks from the submission of all required documents as directed and dispose of the said representation by a reasoned order after giving an opportunity of hearing to the appellant.

The impugned order is accordingly set aside.

The order for recommendation of transfer shall remain stayed for a period of eight weeks or till the decision of the Commission is communicated, whichever is earlier.

The appeal (FMA 545 of 2025) and the connected application (CAN 1 of 2025) are thus disposed of.

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

(Smita Das De, J.)

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