Siuli Dolai Jana v. State Of West Bengal And ORS.

24.11.2022 Sl. No.30(DL) srm W.P.A. No. 24088 of 2022 Smt. Siuli Dolai (Jana)

Versus

The State of West Bengal & Ors.

Mr. Bharat Chandra Simai, Ms. Sanchayita Das ...for the Petitioner.

Mr. Rezaul Hossain ...for the State-respondents.

Affidavit-of-service is taken on record. Despite service, none appears on behalf of the respondent No.13. As this court is not inclined to pass any mandatory directions as prayed for, the writ petition is taken up in her absence.

The petitioner has challenged the selection of the respondent No.13 in the post of ASHA. The allegation is that the respondent No.13 did not meet the eligibility criteria with regard to the residential status.

The writ petition is disposed of with a direction upon the Sub-Divisional Officer, Kharagpur Sub-Division, Paschim Medinipur to treat the writ petition as the representation of the petitioner and pass a reasoned order in accordance with law. Before such decision is taken, a hearing shall be given to

the petitioner, the authorized representative of the concerned panchayat authorities as also to the respondent No.13. The entire exercise shall be completed within a period of eight weeks from the date of communication of this order. This Court has not gone into the merits of the claims and counterclaims of the parties and this order shall not be construed as an opinion of the Court on the issues involved. A copy of the writ petition along with a server copy of this order be served upon the Sub-Divisional Officer, Kharagpur Sub-Division, Paschim Medinipur.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

Parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)