Anita Sarkar Biswas v. State Of West Bengal And ORS.

S/L 17 10.01.2023 Court. No. 19 GB W.P.A. 29042 of 2022 Anita Sarkar Biswas VS The State of West Bengal & Ors.

Mr. Mahadeb Sarkar, Mr. Bikash Chowdhury ... for the Petitioner.

Mr. Biswajit De, Ms. Rajlakshmi Ghatak ... for the State.

Affidavit-of-service filed in Court today, be kept with the record.

The writ petition has been filed claiming a right to be engaged as an Anganwari Sahayika. Relying upon on an admit card and a call for an interview. The petitioner submits that her participation at the interview had automatically created such right, as she had excelled at the interview.

The self-assessment of the petitioner's performance at the interview cannot be the basis for grant of a mandamus. Even if the petitioner was called for the interview and had appeared at the interview on February 18, 2020, that itself would not create a right in favour of the petitioner. The performance of the petitioner at the interview and the overall marks scored by all the participants would be the deciding factor. Although, the petitioner has approached the Block Development Officer, Chakdah Block with certain prayers, no order can be passed on such representation.

The writ petition is disposed of with a direction upon the Child Development Project Officer, ICDS Project to intimate the petitioner the marks obtained by the last selected candidate as an Anganwari Sahayika as also the marks obtained by the petitioner in the concerned recruitment process for the vacancy in respect of which the petitioner appeared. Such intimation shall be supplied to the petitioner within four weeks from receipt of the copy of the writ petition along with a server copy of this order. Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)