SOUMI CHAUDHURI PATRA v. STATE OF WEST BENGAL AND ORS.
WPA/1206/2025 · 2025-02-27
Saugata Bhattacharyya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6162 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6162 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
3. 3. 27.02.2025 27.02.2025 Ct. No. 18 (ARPAN)
W.P.A. 1206 of 2025 Soumi Chaudhuri Patra Vs. The State of West Bengal & Ors. Mr. Shuvro Prakash Lahiri
…for the Petitioner Mr. Mrityunjoy Goswami Ms. Nafisa Begum
…for the State Mr. Sunit Kumar Roy
…for W.B.C.S.S.C In terms of the order dated 12th February, 2025, report dated 25th February, 2025 is furnished on behalf of District Inspector of Schools (S.E.), Purba Medinipur being respondent no.5 and same is taken on record. On perusal of the said report, it appears that the petitioner applied for ‘No Objection’ certificate for her transfer before the school authority on 23rd July, 2024 and the school authority issued ‘No Objection’ on 20th August, 2024. However, petitioner applied for transfer on offline mode on 26th October, 2024 and said transfer application is at page - 93 of the writ petition. While considering the prayer made in this writ petition seeking direction for petitioner’s transfer based on offline transfer application dated 26th October, 2024, this Court has come across an order dated 14th February, 2025 passed by the Hon’ble Division Bench on an intra- court appeal being FMA 103 of 2025 (Tanushri Karmakar v. State of West Bengal & Ors.). Said order
2 is relied upon by the learned advocate representing West Bengal Central School Service Commission. In terms of the order dated 14th February, 2025 in Tanushri Karmakar (supra), it is found that offline transfer application of the petitioner dated 26th October, 2024 ought not to be entertained since it has not been made in the prescribed form as contemplated under Rule 2(e) of the relevant transfer rules. The Hon’ble Division Bench in Tanushri Karmakar (supra) has succinctly held 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. Therefore, applicant teacher is required to make application in the prescribed form as contemplated under relevant transfer rules and application, in any other form seeking transfer, needs to be rejected.
In the present case, petitioner made offline application seeking transfer on 26th October, 2024 which was not made in the prescribed form. 3 With the above observations, writ petition stands dismissed. However, this order shall not preclude the petitioner to make application for transfer in accordance with law. There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be made available to the parties upon usual undertakings. (Saugata Bhattacharyya, J.)