Debasmita Das v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 27.08.2025 Mlrkd W.P.A. 8196 of 2024 Ct.18 DM Debasmita Das -vsThe State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri, Mr. Rajesh Naskar, Mr. Ankan Mondal ....for the petitioner.

Ms. Koyeli Bhattacharyya, ....for the WBBSE.

Mr. Sunit Kumar Roy ....for the WBCSSC.

1.

Affidavits-of-service filed on behalf of the petitioner are taken on record.

1.

Petitioner made an application for transfer on general ground (distance) but said application was not made in prescribed format.

2.

Having considered the case made out in this writ petition reliance is placed on the order of the Hon'ble Division Bench dated 14th February, 2025 passed on an intra Court appeal being FMA 103 of 2025 (Tanushri Karmarkar v. The State of West Bengal & Ors.).

3.

In Tanushri Karmakar (supra) it has been decided that once a thing is required to be done in 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.

4.

In terms of relevant rules relating to transfer of teachers in secondary schools profroma has been prescribed in which teacher is required to submit application seeking transfer.

5.

Admittedly, in the present case transfer application was not made in prescribed format. Placing reliance on Tanushri Karmakar (supra) no relief can be granted to the petitioner.

6.

Hence, the writ petition stands dismissed.

7.

However, this order shall not preclude the petitioner to make transfer application afresh in accordance with law.

8.

There shall be no order as to costs.

9.

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

(Saugata Bhattacharyya, J.)