Runa Laila v. The State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 18.09.2025 Mlrkd W.P.A. 9473 of 2024 Ct.18 DM Runa Laila -vsThe State of West Bengal & Ors.
Mr. Shuvro Prakash Lahiri, Mr. Ankan Mondal ....for the petitioner.
Mr. Biswabrata Basu Mallick, Mr. Sayan Ganguly ....for the State.
Ms. Koyeli Bhattacharyya, ....for the WBBSE.
Mr. Sunit Kumar Roy ....for the WBCSSC.
1.
Affidavit-of-service filed on behalf of the petitioner is taken on record.
2.
Learned advocate representing the petitioner submits that an application was made on 22nd December, 2023 addressed to the District Inspector of Schools (SE), South 24 Parganas. Petitioner prayed for transfer on general ground (distance). 3.
On perusal of the transfer application dated 22nd December, 2023 it appears that same is not addressed to the school authority but to the District Inspector of Schools (SE), South 24 Parganas.
4.
As per transfer Rules applicant teacher is required to apply for transfer before the school authority
where said teacher is working and thereafter if school authority issues "No Objection" on transfer application, in that event only transfer application is forwarded to the concerned District Inspector of Schools (SE) for taking further steps. Therefore, it appears that transfer application has been improperly made.
5.
Furthermore transfer application dated 22nd December, 2023 was not made in prescribed proforma.
6.
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.).
7.
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.
8.
In consideration of the transfer application dated 22nd December, 2023 it transpires that it was not made to the appropriate authority and same was not made in prescribed proforma.
9.
Therefore, no direction is warranted on this transfer application.
10. The writ petition stands dismissed.
11. There shall be no order as to costs.
12. 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.)