Barnali Mandal v. State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 21267 of 2025 31.10.2025 rkd Ct.18 DM Barnalil Mandal -vsThe State of West Bengal & Ors.
Mr. K. M. Hossain, Ms. Keya Sutradhar ....for the petitioner.
Mr. Bibekanand Tripathi, Mr. Prashant Kumar Tripathi ....for the State.
Mr. Sourav Mitra ....for the WBCSSC.
1.
Affidavit-of-service filed on behalf of the petitioner is taken on record.
2.
Petitioner made an application for transfer on 21st August, 2025.
3.
On perusal of the transfer application dated 21st August, 2025 it appears that same is not in prescribe proforma.
4.
In this regard 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.).
5.
In Tanushri Karmakar (supra) it has been observed 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.
6.
Admittedly in the present case petitioner has not made application in prescribed proforma.
7.
Therefore, application dated 21st August, 2025 ought not to be taken into consideration.
8.
Hence, no relief can be granted to the petitioner. 9.
The writ petition stands dismissed.
10. However, this order shall not preclude the petitioner to make an application for transfer in accordance with law, in future.
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.)