SABITA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) AN advertisement was published on 18th October, 2007, seeking applications from eligible candidates for selection to the posts of Auxiliary Nurses and Midwifery in the Sub -Health Centres in Panchayet area. Pursuant thereto, the petitioner applied for the concerned post at Baro Mollakhali Health Sub -Centre, Sub -Centre No.24 of Gosaba block, South 24 -Parganas and she was allowed to participate in the selection process. Upon emerging to be successful in the same, the petitioner was issued provisional admission for training by a memorandum dated 13th March, 2008, issued by the respondent no.7. In compliance thereto, the petitioner underwent the training and successfully completed the same on 11th September, 2009.

(2.) IN the midst thereof, the private respondent no.10 preferred an application under Article 226 of the Constitution of India being W.P. No.23699 (W) of 2008 alleging inter alia that she also applied for the post of Auxiliary Nurse and Midwifery in Health Sub -Centre No.24 of Gosaba Block, South 24 -Parganas and though she was having more marks than the petitioner, in the Madhyamik Examination, she was not selected. The said writ application was disposed of with a direction upon the respondent no.5 to call for all records and to make the appropriate selection for the concerned post, upon grant of an opportunity of hearing to all the parties. Pursuant to the said order, the petitioner was called for a hearing by a notice dated 25th February, 2010 and she appeared in the hearing and she was heard by the said respondent no.5 and thereafter, an order was passed by the respondent no.5 and communicated to the petitioner by a memorandum dated 16th March, 2010. Aggrieved by the said orders communicated vide memorandum dated 16th March, 2010 passed by the respondent no.5, the petitioner has approached this Court through the instant writ application.

(3.) UPON coming to learn about the interim order passed on 25th February, 2011, the respondent no.10 filed an application, being CAN No.6434 of 2011, for vacating the said interim stating inter alia that though she had secured more marks that the petitioner in the Madhyamik Examination, she was illegally denied appointment. It was also averred in the said application that the writ petitioner herein availed provisional admission subject to decision of Court cases pending and that pursuant to the order impugned in the writ application the respondent nos.4 and 7 prepared a fresh panel for the concerned post on 1st June, 2010 and that as such question of continuance of the interim order dated 25th February, 2011, does not occasion.