Momtaj Bibi v. State Of West Bengal And ORS.

17.3.2023 Ct.19/sl.36 sn WPA 3623 of 2023 Momtaj Bibi Vs.

The State of West Bengal & Ors.

Mr. Swapan Kumar Mazumder Mr. Saptarshi Mazumdar ...for the petitioner Mr. Tapan Kumar Mukherjee Mr. Dipankar Dasgupta .for the State Mr. Pritam Majumder Mr. Rahul Deb Goenka ..for the respondent no.8 Let the affidavit of service be taken on record. The Sub-Divisional Officer, Sadar Berhampore Sub-Division and Ex-officio Member Secretary of Asha Selection Committee, shall treat the writ petition as a representation of the petitioner and dispose of the same in accordance with law upon granting an opportunity of hearing to the petitioner and the respondent no.8.

The writ petition is based on self-assessment of the petitioner to the effect that although the petitioner was a better candidate than the respondent no.8, the appointment had been given to the said respondent.

A reasoned order shall be passed by the Sub Divisional Officer. The marks obtained by the candidates shall be disclosed. The division of marks obtained by the candidates with 90% weightage to

Madhyamik or equivalent examination and the marks obtained in the viva voce out of 10 shall also be stated. Once the marks of each of the candidates are disclosed, the petitioner will be in a position to assess whether she was wrongly rejected or the respondent no.8 had been rightly engaged on the basis of the performance at the recruitment process. The entire exercise shall be completed within a period of six weeks from the date of communication of this order.

This writ petition is disposed of.

There will be, however, no order as to costs. All parties are directed to act on the server copy of this order.

(Shampa Sarkar, J.)