Mst Basera Begam v. State Of West Bengal & ORS

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IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION

Present:

The Hon'ble Justice Ananya Bandyopadhyay WPA 27851 of 2015 Mst. Basera Begam v.

State of West Bengal & Ors.

For the petitioner : None.

For the respondents/State : Mr. Anirban Ray, Ld. G.P.

Mr. Tanmay Chakraborty Mr. Kapil Guha Heard on :

07.08.2024 Judgment on :

13.08.2024 Ananya Bandyopadhyay, J. :-

1. On the last occasion as well as today, none appeared for the petitioner. The instant writ petition was filed by the petitioner being aggrieved by her rejection in the recruitment process to the post of "Sahayeka" in C.D.P.O. Pursurah, Arambagh, Hooghly. The petitioner had applied for the post of "Sahayeka" as per publication of the notification being 370(1439)/Pursurah, I.C.D.S. Subsequently, admit card was issued on 22.11.2010 to the petitioner for appearing in the examination, which was to be held on 8th December, 2010. The petitioner participated in the examination. However, her name did not appear in the list of successful candidates. The petitioner was aggrieved by the

result declared by the concerned authority and filed an application under the Right to Information Act, 2005. The petitioner did not receive any reply to the said application. The petitioner prayed for the following reliefs: - (a) A writ in the nature of Mandamus commanding the respondents no., and/or their agents and servants to submit the copy of the examination along with the marks, held on 08.12.2010 or subsequent difer date for the post of the recruitment of 'Sahayeka'

under Pursurahha, Hoogly.

(b) A writ in the nature of Mandamus commanding the respondents, their agents, servants to pay the litigation cost to the tune of RS.

10,000/- forthwith.;

(c) A writ in the nature of Certiorari do directing the respondents, their agents and servants to produce all records of the written examination along with the copy of the mark sheet viva voice so that conscionable justice may be

administrered by granting the reliefs as prayed for hereinabove.

(d) Rule in terms of prayers (a),(b),(c) and (d) as above;

(e) To make the Rules absolutely.;

(f) Ad-interim order direction the respondents, their agents and servants to stay the panel get implemented by the respondent get implemented subject to the result to the writ petition.

(g) And to pass such other further order as to Your Lordships may deem fit and proper".

2. The learned advocate representing the State respondents is present. On 07.08.2024 in compliance of the order dated 18.07.2024 passed by this Court, the learned advocate representing the respondent nos.1 to 5 filed a report, which, inter alia, stated that the writ petitioner secured thirteenth position in the merit list having obtained 25.8 marks in "viva voce and reading" and 15 marks in "written test" with a grand total of 40.8 marks. The merit list was published on 11.07.2015. It was further stated that the vacancy for eleven

posts had been filled up and she failed to attain the requisite position within the vacancy list. She could not be included in the panel. The examination was held in the year 2010.

3. From the documents submitted by the State respondents, it appeared that the petitioner was not successful to be considered for the candidature of a "Sahayeka". The panel for enlistment as "Sahayeka" expired, if at all, it was created. The claim of the petitioner for enlistment cannot be sustained.

4. The writ petition is accordingly dismissed being devoid of merits. (Ananya Bandyopadhyay, J.)