Tapabrata Chakraborty, J. - (1.) The subject matter of challenge in the present writ petition is an order dated 4th September, 2017 passed by the respondent no. 2A by which the petitioner's application for general transfer on special ground under Rule 4(1)(a) of the West Bengal School Service Commission (General Transfer on Special Ground and Reallocation) Rules, 2015 (in short the said Rules) from Ramnagar New Set Up Upper Primary School (in short, the said school) was rejected primarily on the following grounds: (a) since the petitioner did not produce any medical certificate to substantiate the claim that her husband is a patient of chronic cardiac disease or that the cardiac complications of her husband are of irreversible and incurable nature; (b) since at present there are only three teachers in the said school to teach 80 students; (c) since the process of filling up the vacancy, which would occasion by transferring the petitioner, would be very time consuming;
(2.) It has also been observed in the impugned order that the said Rules do not confer upon the petitioner any indefeasible right of transfer and that had it been an application for mutual transfer, there would not have been any problem in allowing such transfer.
(3.) Mr. Sanyal, learned advocate appearing for the petitioner submits that the first ground taken in the impugned order is not sustainable since there is no requirement under the said Rules to produce any medical certificate to the effect that the disease suffered by the petitioner's husband is irreversible and incurable in nature. The documents annexed at pages 43, 47, 108 and 109 of the writ petition would reveal that on 23rd November, 2015 a life-saving cardiac device was implanted and that the petitioner's husband is suffering from systolic dysfunction in both the ventricles and that subsequently his right ventricle has been "permanently affected" and such fact stands certified by the consultant cardiologist. From the said documents it is explicit that the heart condition of the petitioner's husband is very serious.;