MOUSMI DAS MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HEARD the learned Advocates appearing for the parties.

(2.) CHALLENGING the judgment and order dated 30th July, 2007 passed in W. P. No. 2076 (W) of 2007 this appeal has been preferred by writ petitioner/appellant whereby and whereunder the learned trial Judge rejected the writ application challenging the selection of a candidate for the post of "auxiliary Nurse-cum-Midwife".

(3.) THE writ application was moved by an unsuccessful candidate assailing such selection on the ground that the selectee did not qualify the eligibility criteria of permanent residency of the area wherein the Health sub-Centre was located. In the writ application, it was the case of the writ petitioner that for a vacancy of the said post in Gangapur Sub-Centre the selectee claiming her permanent resident at Village Shibnagar under Police station-Pathar Pratima in the District of 24-Parganas (South) applied soon after her marriage. The marriage held on 19th October, 2006 and she applied thereafter for the post on 24th November, 2006 disclosing her permanent residency as husband's house. In the appeal it has been contended before us that the appellant/writ petitioner though she is also a housewife, she is a resident of her matrimonial home for the last ten years which is within the area jurisdiction of the concerned post. As such, she was eligible to be appointed in view of the special fact that in the advertisement permanent residency in the locality was fixed as eligibility criteria.