LAWS(CAL)-2013-4-61

SUBHRA HALDER Vs. DISTRICT MAGISTRATE,MURSHIDABAD

Decided On April 09, 2013
Subhra Halder Appellant
V/S
District Magistrate,Murshidabad Respondents

JUDGEMENT

(1.) This appeal has been preferred assailing the judgment and order dated 17th September, 2012 passed by a Learned Judge of this Court whereby and whereunder the said Learned Judge disposed of the writ petition upon holding that the selection of the respondent No. 6 for the post in question is bad in law and also held that the entire selection process for the post in question was vitiated by gross irregularities committed by the Block Level Selection Committee. From the records, we find that on an earlier occasion a writ petition was filed at the instance of the respondent No. 6 herein being W.P. 6354(W) of 2007 which was finally disposed of by the order dated 20th September, 2007 passed by a Learned Judge of this Court whereby the said Learned Judge directed the District Magistrate, Murshidabad to pass a reasoned order upon considering the grievances of the writ petitioner viz. the respondent No. 6 herein. Pursuant to the said order, the District Magistrate, Murshidabad passed a reasoned order in the matter on 29th September, 2011.

(2.) The relevant extracts from the said order of the District Magistrate, Murshidabad are set out hereunder:

(3.) On examination of the aforesaid findings of the District Magistrate & Collector, Murshidabad, it appears that the respondent No. 6 viz. Tajmira Khatun was not empanelled due to the non-submission of the residential proof although she was the highest scorer with 53.5% marks. The District Magistrate & Collector, Murshidabad ignoring the aforesaid fact directed the Block Development Officer, Beldanga-II to select the said Tahmira Khatun for the post of 2nd ANM for Gholla S. C. and sent her name for training through the process of selection as per norms.