REBOTI MAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Having heard the learned advocates for the parties and upon perusing the writ petition, which has been taken out by twenty-nine individuals who have joined as co-petitioners, it appears that all of them were participants in a selection process initiated by the Nalhati - II, Child Development Project Officer, ICDS Project, Lohapur, District - Birbhum, for filling up the posts of 'Anganwadi Helper'. The writ petitioners have prayed, inter alia, for issuance of a writ in the nature of mandamus commanding the respondent authorities to approve the panel forthwith and to give them appointment.

(2.) According to the learned advocate for the petitioners, having been successfully empanelled, the writ petitioners ought to be appointed as Aganwadi Helpers and a writ in the nature of mandamus may be issued commanding the respondent authorities to issue appointment letter in their favour.

(3.) On the other hand, learned advocate appearing on behalf of the State relies on the supplementary affidavit-in-opposition filed on behalf of the respondent Nos. 3 to 6 and submits that from the documents annexed thereto it would be apparent that no consequential steps could be initiated to give appointment to the writ petitioners, upon publication of their names as qualified candidates, in view of various irregularities which were committed during the selection process and were detected subsequently. He also submits that the writ petitioners, being mere participants in the selection process, cannot seek issuance of a writ in the nature of mandamus directing the concerned respondent authorities to favour them with appointments. He submits that the documents disclosed in the supplementary affidavit-in-opposition would amply demonstrate that the concerned Child Development Project Officer has himself admitted to the irregularities committed during the selection process.