Rituparna Nandy v. State Of West Bengal And ORS.

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12.03.2025 12.03.2025 Ct. No. 18 (ARPAN) W.P.A. 4331 of 2025 Rituparna Nandy Vs.

The State of West Bengal & Ors.

Mr. Anirban Datta Mr. Probal Sarkar ...for the Petitioner Ms. Jayeeta Sinha Mr. Sandip Mandal ...for the State Mr. Sourav Mitra ...for W.B.C.S.S.C Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms. Keya Panja ...for W.B.B.S.E Affidavit-of-service filed on behalf of the petitioner is taken on record.

Matter relates to transfer of petitioner from the present school to another school based on offline application dated 18th November, 2024 which is at pages 40 and 41 of the writ petition.

On perusal of the transfer application dated 18th November, 2024, it transpires that same has not been preferred in the prescribed pro-forma as provided under the relevant provisions of the transfer rules. In this regard reliance is placed on an order dated 14th February, 2025 passed on an intra-court appeal being FMA 103 of 2025 (Tanushri Karmakar v. State of West Bengal & Ors.).

It has been observed by the Hon'ble Division Bench in Tanushri Karmakar (supra) that once a thing is required to be done in a particular manner it should

be done in such manner and not otherwise. The moment the form is prescribed in the rules shaping an integral part of the statutory provisions, it cannot be whittled down nor to be done away at the behest of the beneficiary of the said rules nor the other stakeholders of the said rules can dispense with the strict adherence of such statutory norms.

In view of the observations made by the Hon'ble Division Bench in Tanushri Karmakar (supra) and as it is found that petitioner did not apply for transfer in the prescribed pro-forma as provided in the transfer rules, no relief can be granted to the petitioner.

Hence, writ petition stands disposed of.

However, this order shall not preclude the petitioner to take steps in accordance with law for her transfer.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)