Calcutta High CourtWPA/22651/2015disposed

Smt. Kabita Rani Mullick Nee Roy & ORS v. State Of West Bengal & ORS

2022-08-12Hon'Ble Justice Saugata Bhattacharyya2 pages

12.08.2022 adeb WPA 22651 of 2015 Smt. Kabita Rani Mullick nee Roy & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Supratim Dhar Mr. Pravash Bhattacharya Mr. Dhananjay Nayak ...for the petitioners Mr. Supriya Chattopadhyay Mr. Pinaki Bhattacharyya ...for the State Pursuant to the order dated 28th July, 2022 the Child Development Project Officer, Cooch Behar-II ICDS Project, Cooch Behar has filed a report in the form of affidavit today. Such report in the form of affidavit affirmed on 10th August, 2022 is perused by this Court. It appears that three candidates namely Latika Roy, Atul Roy and Lili Roy on calculation of the marks made by the said CDPO found to have come within the zone of consideration since they obtained higher marks than the last empanelled candidate under SC category who according to the concerned CDPO obtained 59.83 whereas all the aforesaid three candidates obtained more than 59.83.

In above scenario this Court finds that there is no impediment in directing the Child Development Project Officer, Cooch Behar-II ICDS Project, Cooch Behar to appoint Latika Roy, Atul Roy and Lili Roy being the writ

petitioner nos. 2 ,5 and 4 to be given appointment in the post of Anganwadi worker.

Accordingly, this Court directs the concerned CDPO to complete necessary formalities and appoint the aforesaid three writ petitioners within 6 (six) weeks from the date of communication of this order in the posts of Anganwadi worker.

Since it has been found from the affidavit that five other writ petitioners obtained marks below the marks obtained by Nilima Roy under category of Schedule Caste their case for engagement in the post of Anganwadi worker stands rejected.

The affidavit filed by the concerned CDPO today is taken on record.

Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)