Moumita Biswas v. State of West Bengal and Ors.
Case brief
What is this about?
Appellant Moumita Biswas vs The State of West Bengal & Ors., MAT 498 of 2025 (with CAN 1 and CAN 2 of 2025), decided 01.5.2025 by Soumen Sen, J. and Smita Das De, J. Key terms: condonation of five-day delay in memorandum of appeal; petitioner's prayer for transfer on medical ground; learned Single Judge's surplus-teacher finding held to be an error apparent on the face of the record; impugned order set aside; directions to D.P.S.C, Hoogly to decide the medical-ground application within eight weeks and intimate the decision within a further week, optional personal hearing, and liberty to obtain a Chief Medical Officer's report. No statutes or precedent citations appear in the judgment.
What did the court decide?
Delay of 5 days in filing the memorandum of appeal condoned and CAN 2 of 2025 allowed and disposed of; impugned order of the learned Single Judge set aside; concerned D.P.S.C, Hoogly directed to consider the petitioner's application on medical ground within eight weeks of communication of the order and to communicate its decision within a week thereafter, with liberty to hold a personal hearing if required and for the Chairman, D.P.S.C. to obtain a medical report from the district Chief Medical Officer.