TAPASI SANT (BERA) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this Writ Petition, the Petitioner prays for an Order commanding upon the Respondents to recast the panel for the post of Auxiliary Nursing and Midwifery Trainee in the Puyan Health Sub-centre under the Haripur Gram Panchayat in Datan-II Block and place the Petitioner in the first position. The Petitioner has also made a prayer for the issuance of a Writ of Mandamus commanding upon the Respondent Nos. 2,3 and 4 to select the Petitioner as the first empanelled candidate for being sent to for training in a Government recognized Institution and thereafter, on completion of the said training, to appoint her in a Block Health sub-Centre on contract basis on a salary of Rs. 7000/- per month. The Petitioner has also prayed for an Order prohibiting the Respondents from selecting the Respondent No. 8. The Petitioner has further prayed for quashing the panel (Annexure- P4) by which the Respondent No. 8 has been placed at Serial No. 1 and the Petitioner, at Serial No. 2.

(2.) The facts as pleaded are that the Petitioner passed her School Final examination in the year 1997 and secured 1st Division marks being 61.5 %. The Petitioner has further stated that the Government of West Bengal circulated an Advertisement asking Applications from female Candidates for Auxiliary Nursing and Midwifery training for each Block Health sub-centre under all Panchayats fixing certain eligibility criteria.

(3.) According to the Petitioner, she had the requisite qualifications and therefore she applied. Thereafter, the Respondents prepared a panel and the Petitioner was shocked to find that she was placed in the 2nd position whereas the Respondent No. 1 was placed in the 1st position. According to the Petitioner, the Respondent No. 8 had secured 59.11% marks whereas the Petitioner had secured 61.5 % marks and therefore, there was a glaring illegality.