Kalyanashish Joardar v. The State Of West Bengal And ORS.

16.09.2025 Ct. No. 18 adeb W.P.A. 19182 OF 2025 Kalyanashish Joardar Vs.

The State of West Bengal & Ors.

Md. Mokaram Hossain ..for the petitioner Mr. Tarak Karan Ms. Debleena Dasgupta ...for the State Ms. Supriya Dubey ...for the WBCSSC

1. Learned advocate representing the petitioner submits that petitioner made an application for transfer on 15th January, 2021 and prayer is made for consideration of said transfer application.

2. State respondents and West Bengal Central School Service Commission are represented by learned advocates.

3. On perusal of the transfer application dated 15th January, 2021 it appears that same was not made in prescribed proforma. In this regard order of the Hon'ble Division Bench dated 14th February, 2025 passed on intra Court appeal being FMA 103 of 2025 (Tanushri Karmakar vs. The State of West Bengal & Ors.) is relied upon.

4. In Tanushri Karmakar (supra) it has been held 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.

5. In the present case since transfer application was not made in the prescribed proforma no relief can be granted to the petitioner.

6. Hence, writ petition stands dismissed.

7. However, this order shall not preclude the petitioner to apply for transfer in accordance with law.

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

(Saugata Bhattacharyya, J.)