NURE SHOBHA BEGUM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Writ petition 6879 (W) of 2011 was filed by Shakila Bibi @ Khatun praying for issuance of a writ of mandamus inter alia praying for not giving effect to the impugned order dated 4th March, 2011 passed by the District Magistrate, Birbhum rejecting her representation.

(2.) The said Shakila Bibi challenged the selection of Nure Shobha Begum the private respondent no. 7 in the said writ petition, in the post of ASHA on the ground that she was not the resident of the village in which the ASHA will be engaged.

(3.) In compliance of a direction passed by this court on 3rd February, 2011 in WP No. 20009 (w) of 2010 filed by Shakila Bibi the District Magistrate, Birbhum considered the matter and after hearing the submissions made on behalf of all the necessary parties passed the impugned order on 14th March, 2011 whereby he was of the opinion that the empanelment of Nure Shobha Begum in serial no. 1 of the panel prepared for engagement of ASHA in village Bahirgora, under Hassan II Gram Panchayat was justified and proper and the allegation of the petitioner that the private respondent was not a resident of the village where the ASHA was to be appointed was negated. The District Magistrate was of the firm opinion that the private respondent was the resident of the village concerned and he held that the empanelment was made after observing all the terms and conditions of the advertisement.