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Calcutta High CourtWPA/2360/2021disposed

Sathi Khatun v. State Of West Bengal And ORS.

2021-02-08Hon'Ble Justice Rajasekhar Mantha2 pages

08.02.2021 S/L No. 97 Court No.13 s.biswas WPA 2360 of 2021 Sathi Khatun Vs.

The State of West Bengal & Ors.

(Through Video Conference) Mr. Robiul Islam Mr. Arghya chakraborty Ms. Primita Banerjee ... ... for the petitioner Mr. Sudipto Panda Ms. Munmun Tiwary ... ... for the State Affidavit of service filed by the petitioner in Court today be kept with the record.

Counsel for the petitioner submits that the private respondent Mamata Mondal could not have been considered as Anganwadi Helper in Nadia District under the Karimpur-I, ICDS Project, since she is not a resident of the Pipulberia Gram Panchayat.

Counsel for the State admits that there was a mistake in considering the case of the private respondent. Counsel for the State submits that even if the name of the private respondent is deleted, the petitioner would not come within the zone of consideration given the marks allotted to the petitioner vis-à-vis other candidates. The private respondent is not represented despite service.

This Court clarifies that the observations recorded in respect of the private respondent are not conclusive and only made for the purpose of the claims made by the writ

petitioner. The private respondent may agitate any cause of action, if she has, in accordance with law against the respondents herein.

The respondents shall therefor reconstitute the panel for Pipulberia Gram Panchayat and paste the same on the notice board in the Gram panchayat.

The petitioner as well as the counsel for the State shall notify the private respondent of this order. With the above observation and direction WPA 2360 of 2021 is disposed of.

There shall however be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Rajasekhar Mantha, J.)