Supriya Mandal v. The State Of West Bengal And ORS.

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(DL) (DL) 16.06.2025 16.06.2025 Ct. No. 18 (ARPAN) W.P.A. 10626 OF 2025 Supriya Mandal Vs.

The State of West Bengal & Others Mr. Manoranjan Jana, Adv.

...for the Petitioner Mr. Susanta Pal, Adv.

Ms. Ananya Neogi, Adv.

...for the State Mr. Kanak Kiran Bandyopadhyay, Adv.

...for W.B.C.S.S.C.

Ms. Koyeli Bhattacharyya, Adv.

Ms. Keya Panja, Adv.

...for W.B.B.S.E.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

Petitioner being a clerk of a Government aided secondary school made an application for transfer on 3rd September, 2021 but subsequently, on 28th September, 2021 petitioner took back the said application on being requested by the school authority. Such fact is apparent from a document at page 56 of the writ petition. Subsequently, petitioner made another application for transfer on the ground of distance in between the present school of the petitioner and her place of residence on 20th March, 2025 in offline mode. However, second application for transfer dated 20th March, 2025 has not been made in the prescribed proforma. It is decided by the Hon'ble Division Bench on an intra-court appeal being FMA 103 of 2025 (Tanushri Karmakar vs. The State of West Bengal & Ors.) that

application for transfer has to be made in the prescribed pro-forma. It was observed by the Hon'ble Division Bench in the said order dated 14th February, 2025 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 aforesaid observations made by the Hon'ble Division Bench, no relief can be granted to the petitioner since petitioner made application for transfer on 20th March, 2025 not in prescribed pro-forma. Hence, writ petition stands dismissed.

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

There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)