Applications under statutory rules must strictly comply with the prescribed proforma; failure to do so prevents consideration of the application. Calcutta High Court affirms existing precedent (Tanushri Karmakar v. State of West Bengal & Ors.), providing binding clarity on procedural compliance for all subordinate courts in West Bengal, particularly affecting administrative and government transfer matters.
Summary
| Category | Data |
|---|---|
| Case Name | WPA/21267/2025 of BARNALI MANDAL Vs STATE OF WEST BENGAL AND ORS. |
| CNR | WBCHCA0423502025 |
| Date of Registration | 04-09-2025 |
| Decision Date | 31-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | HON’BLE JUSTICE SAUGATA BHATTACHARYYA |
| Court | Calcutta High Court |
| Precedent Value | Binding |
| Overrules / Affirms | Affirms Division Bench ruling in Tanushri Karmakar v. State of West Bengal & Ors. (FMA 103 of 2025) |
| Type of Law | Procedural / Administrative Law |
| Questions of Law | Whether an application must be rejected if not made in the statutory prescribed proforma as required by rules. |
| Ratio Decidendi |
The court reiterated that when statutory rules prescribe a particular form or proforma for making an application, strict adherence is mandatory. An application not in the prescribed format cannot be considered for relief. This ensures uniformity, non-arbitrariness, and upholds the sanctity of rule-based administration. The judgment relies on the Division Bench decision in Tanushri Karmakar, reaffirming that neither beneficiaries nor stakeholders may seek relaxation of these statutory procedural norms. |
| Judgments Relied Upon | Tanushri Karmakar v. State of West Bengal & Ors. (FMA 103 of 2025) |
| Logic / Jurisprudence / Authorities Relied Upon | Principle that when a statute requires something to be done in a particular way, it must be done only in that way and not otherwise. Prescribed forms integral to statutory rules cannot be relaxed or dispensed with by courts or stakeholders. |
| Facts as Summarised by the Court | The petitioner made an application for transfer on 21st August, 2025, but it was not filed in the prescribed proforma. The court found this non-compliance fatal to the consideration of the application, in line with the Division Bench’s prior decision. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts and authorities under Calcutta High Court’s jurisdiction in West Bengal. |
| Persuasive For | Other High Courts considering similar statutory procedural requirements. |
| Follows | Tanushri Karmakar v. State of West Bengal & Ors. (FMA 103 of 2025) |
What’s New / What Lawyers Should Note
- Strict reiteration: Applications under statutory rules must be in the precise prescribed proforma; otherwise, they cannot be entertained.
- No relaxation or waiver: Neither beneficiaries nor authorities may dispense with statutory procedural norms for convenience.
- Procedural compliance is not a mere formality; it is mandatory where required by statute or rules.
- The judgment is binding within West Bengal, especially in administrative/government service regulation contexts.
Summary of Legal Reasoning
- The court examined the petitioner’s application for transfer and found it was not made in the prescribed proforma as required by the relevant rules.
- The judgment extensively relied on the Division Bench’s decision in Tanushri Karmakar v. State of West Bengal & Ors., which held that statutory forms are integral to the rules and must be followed strictly.
- The rationale is that when rules require an act to be done in a particular manner, it should be done in that manner only; neither the beneficiary nor stakeholders can seek relaxation of these requirements.
- Concluding the petitioner’s non-compliance was fatal, the writ petition was dismissed, with liberty to reapply using the correct proforma.
Arguments by the Parties
Petitioner
- Submitted an application for transfer dated 21st August, 2025.
State
- The application was not submitted in the prescribed proforma as required by the statutory rules.
WBCSSC
- No arguments specifically detailed in the judgment.
Factual Background
The petitioner applied for a transfer on 21st August, 2025. However, the application was not made in the statutorily prescribed proforma. The issue was brought before the Calcutta High Court. Upon reviewing the Division Bench’s prior ruling on similar facts, the court concluded the application could not be considered because of non-compliance with procedural requirements.
Statutory Analysis
- The judgment discussed the mandatory nature of prescribed proformas under relevant statutory rules for administrative applications (such as transfers).
- Cited the principle that deviation from statutorily required forms is not permissible; there is no scope for relaxation where the statute or rules prescribe a particular form for an application.
Alert Indicators
- ✔ Precedent Followed