Tanushri Mondal v. State Of West Bengal And ORS.

18.05.2023 Sl. No.7(DL) srm W.P.A. No. 19172 of 2022 Tanusri Mondal

Versus

The State of West Bengal & Ors.

Mr. Sayan Banerjee, Mr. Kiron Sk.

....for the Petitioner.

Mr. Jahar Lal De, Mr. Rudranil De ...for the State-respondents.

Despite service, none appears on behalf of the respondent No.5. Affidavit-of-service is taken on record. One Most. Begum Bahar filed WPA 24133 of 2022 alleging that the Lakshmi Mondal, who is also the respondent No.5 herein, was wrongly selected for the post of ASHA for Baribona Sub-Centre under Akandabaria Gram Panchayat within Kaliachak-III Block. The SubDivisional Officer, Malda Sadar, had submitted a report in the said writ petition, inter alia, stating that Tanushri Mandal had got the highest marks, that is, 48.20. The respondent No.5 was asked to furnish documents when the authority received a complaint with regard to her selection. During such enquiry, it revealed that Tanusri Mandal, who is also the petitioner herein had secured the highest marks and the Sub-Divisional Officer had filed a statement of facts, inter alia, stating that Tanushri Mandal,

wife of Sanjoy Mandal, would be selected. In the meantime, the respondent No.5 has resigned, but Most. Begum Bahar did not get any relief from this Court as she was the second candidate. The marks allotted were as follows:

Name of the Applicant % of marks in Madhyamik without Addl.

90% weightage Marks obtain in Interview Total Tanushri Mandal 46.25 41.63 6.57 48.20 Most Begum Bahar 46.22 41.60 4.43 46.03 Jayanti Rabidas 35.25 31.73 5.00 36.73 Under such circumstances, nothing further remains to be decided in the writ petition as the Sub-Divisional Officer, Malda Sadar, was of the opinion that Tanushri Mandal as the successful candidate must be selected. The authority is directed to implement such decision immediately and upon verification of the identity and compliance of any other formality that may be required. It is expected that Tanushri Mandal shall be allowed to join within a week from date.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

Let plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the parties on usual undertakings.

(Shampa Sarkar, J.)