Serina Khatun v. State Of West Bengal And ORS.

22 14.9.2022 WPA 20027 OF 2022 Sc Ct. no.22 -------------- Serina Khatun Vs.

The State of West Bengal & Ors.

Mr. Golam Mastafa Mr. Tarasankar Samanta.

.... For the Petitioner Mr. Tapan Kr. Mukherjee Ms. Tuli Sinha.

... For the Respondent Nos.1 to 6/State Affidavit-of-service filed in Court today, be retained with the records.

Despite service upon the respondent no.7/private respondent, she is not represented in Court today. In this writ petition, the petitioner claims that her appointment to the post of Accredited Social Health Activist (ASHA Karmee) should be considered for Talgachhi Sub-Centre under Harishchandrapur - II Block, District - Malda.

Mr. Golam Mastafa, learned counsel appears for the writ petitioner submits that even though the writ petitioner was called for the interview she was not selected for the said post. The private respondent being the respondent no.7 in this writ petition has been selected despite the fact that she was not a member of the Self Help Group whose members were supposed to be

given preference while being considered for the post. The writ petitioner is a member of the Self Help Group. The writ petitioner made a representation before the District Magistrate, Malda/respondent no.3 on August 23, 2022.

Learned lawyer's letter was also given representing the writ petitioner's case on August 25, 2022 to the SubDivisional Officer, Chanchal. Neither the representation dated August 23, 2022 was considered nor any reply given to the letter dated August 25, 2022.

Mr. Tapan Kr. Mukherjee, learned Additional Government Pleader appears for the State/respondent nos. 1 to 6.

In view of the submissions made by the parties and the materials placed on record, I direct the District Magistrate, Malda/respondent no.3 to consider the representation dated August 23, 2022 of the writ petitioner in the light of the advertisement dated February 20, 2020 issued for inviting applications for the post of ASHA Karmee.

Let such representation be disposed of with a reasoned order within eight weeks from date upon personal hearing given to the writ petitioner or her delegated representative.

Let the order to be passed by the District Magistrate, Malda/respondent no.3, be communicated to

the writ petitioner within a week from the date of the same.

Since no affidavits have been invited in the writ petition, let the allegations in the writ petition be deemed not to have been admitted by the parties.

The writ petition, WPA 20027 of 2022 stands disposed of.

There will be no order as to costs.

All parties shall act on the server copies of this order duly downloaded from the official Website of this Hon'ble Court.

(Lapita Banerji, J.)