Pradyot Kumar Nayek v. State Of West Bengal And ORS.

29.10.2025 Ct. No. 18 adeb W.P.A. 21229 of 2025 Pradyot Kumar Nayek Vs.

The State of West Bengal & Ors.

Mr. Kamalesh Bhattacharyya Mr. S.P. Pahari Mr. A. Pradhan ...for the Petitioner Ms. Mousumi Halder Choudhury Ms. Nafisa Begum ...for the State Mr. Sourav Mitra ...for the CSSC Mr. Tapan Kumar Mahapatra ...for the respondent nos. 7 & 8

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

2. Petitioner made an application for transfer on 10th June, 2025 and prayer is made for consideration of transfer application by the concerned respondent authorities. It is also submitted that application for transfer was made on medical ground.

3. State respondents, West Bengal Central School Service Commission and school authority are represented by learned advocates.

4. On perusing the transfer application dated 10th June, 2025 it appears that same was not

made in prescribed format. Issue has already been decided by the Hon'ble Division Bench while disposing of one intra Court appeal being FMA 103 of 2025 (Tanushri Karmakar vs. The State of West Bengal & Ors.). It was decided unequivocally by the Hon'ble Division Bench 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. It is an admitted position that petitioner did not make application for transfer in prescribed proforma. Therefore, prayer of the petitioner for consideration of such application ought not to be acceded to on placing reliance on the decision of the Hon'ble Division Bench in Tanushri Karmakar (supra).

6. Hence, no relief can be granted to the petitioner and writ petition stands dismissed.

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

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

(Saugata Bhattacharyya, J.)