KALPANA BARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant herein challenged the selection of the private respondent to the post of Auxiliary Nurse and Midwife by filing a writ petition which was ultimately dismissed by a learned Judge of this Court by the impugned judgment and order under appeal dated 14th January, 2009. Going through the records we find that the appellant herein was not considered for appointment to the aforesaid post of Auxiliary Nurse and Midwife by the members of the Selection Committee as the private respondent herein was adjudged more meritorious than the appellant herein.

(2.) The learned Counsel of the appellant submits that the members of the Selection Committee while selecting the candidates for the aforesaid post in question should have considered the merit of the candidates strictly on the basis of the total marks secured by them in the Madhyamik or equivalent examination.

(3.) The members of the Selection Committee adjudged the private respondent as the more meritorious candidate than the appellant herein inspite of securing lesser marks as the said private respondent passed the School Final examination in her first attempt, whereas the appellant herein passed the said examination in her second attempt even though the appellant secured higher marks than the private respondent.