Sukurjan Khatun And ORS. v. State Of West Bengal And ORS.

20th August.2025 Sl. No.961(DL) Ct. No.42 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18219 of 2023 Sukurjan Khatun & Ors.

Versus

The State of West Bengal & Ors.

Mr. Mahadeb Sarkar, Mr. Bikash Chowdhury ...for the Petitioners.

Mr. Suman Sengupta, Mr. Sanatan Panja ...for the State-respondents.

1. Exception to the report of the respondent No.4 filed by the petitioners is taken on record.

2. By the present writ petition, the petitioners seek direction upon the respondent authorities to consider the case of the petitioners and give appointment to the post of 'Anganwadi Sahayika' in the different vacant posts at different sub-centres at Dewli Gram Panchayat, P.S. Chakdah, DistrictNadia.

3. The petitioners contend that they belonged to OBCA category. The petitioners applied for appointment to the post of 'Anganwadi Sahayika' for Dewli Gram Panchayat in terms of advertisement dated 1st October, 2019. The petitioners appeared in the written test on 22nd December, 2019. On being successful in the written test, they appeared for

interview on 26th February, 2020. However, till date no appointment has been issued in favour of the petitioners to the post of 'Anganwadi Sahayika'. Hence, this writ petition.

4. Mr. Mahadeb Sarkar, learned Advocate for the petitioners submits that the petitioners have qualified in the written test and were called for interview. There are vacant posts under the Dewli Gram Panchayat and, therefore, the petitioners may be considered for their appointment against such vacant posts. To buttress his contention, he relies on the decision of this Hon'ble Court in WPA 20966 of 2022 (Kakali Mondal & Ors. versus The State of West Bengal) along with other batch of writ petitions.

5. On the contrary, Mr. Suman Sengupta, learned Senior Government Advocate representing the State-respondents submit that the petitioners did not obtain the marks required for appointment to the post of 'Anganwadi Sahayika'. Referring to page 11 of the report, he submits that the petitioners did not obtain the requisite marks. Therefore, the petitioners are not entitled to get appointment to the post of 'Anganwadi Sahayika'. He seeks for dismissal of the writ petition.

6. Upon going through the tabular statement at page 11 of the report filed by the State, it is found that the petitioner No.1 Sukurjan Khatun got 36 marks,

the petitioner No.2 Salma Tarafdar got 45.5 marks and petitioner No.3 Bulu Khatun got 46.7 marks. The petitioner Nos.3 and 2 were waitlisted as 2 and 4 respectively. It is informed by the learned advocate for the State that the selection process has already been concluded. Advertisement was made for appointment to post 'Anganwadi Sahayika' for 9 vacancies (three for SC category, five for OBC-A category and one for OBC-B category). The last candidate under OBC-A category namely Reshma Khatun got 51.8 marks. Thus, it appears that the petitioners did not secure the marks for selection to the said post.

7. In the matter of Kakali Mondal (supra), the recruitment process was of 2009 in respect of Assistant Teacher which was completed by issuing appointments in the year 2021. After taking into consideration the vacancies already existing and new posts of 2605 created and it was found that there was about 800 posts still vacant. By the consent of the parties, the Hon'ble Court directed that all candidates, who were called for interview in the year 2009 and have filed writ petitions until 24th April, 2024, shall be entitled to appointments against existing or future vacancies. Thus the facts of the aforesaid decision are distinguishable.

8. Hence the writ petition falls short of merit.

9. Accordingly, the writ petition being WPA 18219 of 2023 stands dismissed.

10. Interim order, if any, stands vacated.

11. All connected applications, if any, stand disposed of.

12. There shall be no order as to costs.

13. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)