KALPANA MONDAL Vs. SHYAMALI MONDAL

JUDGEMENT

(1.) This application has been filed in connection with the appeal preferred from the judgment and order dated 4th September, 2012 passed by a learned Judge of this Court whereby and whereunder the said learned Judge allowed the writ petition filed by the respondent No. 1/writ petitioner herein upon setting aside the order issued by the District Magistrate, Malda. From the records we find that both the appellant-petitioner as well as the respondent No. 1/writ petitioner applied for the 2nd post of Auxiliary Nurse-cum-Midwife (ANM) for Kaliachak-III Health Sub-centre in the district of Malda, which was reserved for the Scheduled Caste candidate.

(2.) The appellant-petitioner herein secured second position in the panel. The respondent No. 1/writ petitioner, however, secured the first position in the panel being adjudged as the best available candidate.

(3.) It is not in dispute that the respondent No. 1/writ petitioner did not submit the authenticated copy of the Scheduled Caste certificate along with the application form although on the basis of other documents submitted by the said respondent No. 1/writ petitioner, competent authority accepted the respondent No. 1/writ petitioner as a member of the Scheduled Caste community and considered her candidature along with other eligible candidates.