SNIGDHA DATTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The matter is again taken up at 2 p.m.

(2.) In the morning I granted some time to the petitioner to make up her mind after going through the letter of the Superintendent, District Hospital, Howrah dtd. 11/4/2022. Now she submits that after completing her examination on the last occasion dtd. 25/8/2021 (as appears from page 28 of the writ application), the doctors of the Medical Board themselves advised to avoid journey for the problems she has been suffering from. The petitioner has stated in paragraph 8 of the writ application that she has been suffering from the problems since 2015 and facing difficulties in attending her school. The writ application was filed on 1/10/2021.

(3.) That her doctors advised her to avoid journey and stress, is getting support from the medical certificate which is annexed to the writ application wherein, it is true, that the Medical Board advised her to avoid journey. The petitioner has submitted in paragraph 7 of the writ application that the distance of the school from her residence is 142 kilometers. She resides in a village named Chandul under Police Station - Burdwan (Sadar) in the district of Burdwan and her school is in Uluberia, Horwah. To be specific, in a place named Joypur in Uluberia. Nobody has denied till date that the distance is not 142 kilometers or it is below 25 kilometers. The court can take judicial note of the physical geography of the State, namely West Bengal, and the court after taking judicial note of the two addresses, i.e., the residential address of the petitioner and the address of the school, can say that the distance will never be less than 25 kilometers. A candidate can apply for transfer if such distance is above 25 kilometers. Here the petitioner has stated that the distance is 142 kilometers, meaning thereby the to and fro journey which she used to undergo is 284 kilometers. For an easy comparison it can be stated that the distance of Digha from Kolkata is about 181 kilometers (via Kolaghat, i.e., the shortest route). Therefore, she undertakes a journey of more than such distance. To understand it quickly, not up to Digha, but may be a distance up to Talsari. A lot of persons of this State know both the places, i.e., Digha and Talsari (Talsari is in Odisha).